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[ethercat]

Most people have heard of a Living Will, in which the signer states that he or she does not want to be kept alive using artificial means.  CCHR, Citizen's Commission on Human Rights, has a "Psychiatric Living Will."

http://www.exposescientology.com/contracts/cchr-psychiatric-living-will.pdf

Psychiatric “Living Will”

(Letter of protection from Psychiatric Incarceration and/or treatment)

The following declaration should be signed and, where possible witnessed, by a notary public, a trusted family member and/or confidante. Make several copies of the document with each copy notarized. Always keep a copy of this document with you in case there is an attempt to involuntarily or compulsorily hospitalize and/or treat you. Should you be in a position where you are to be subject to unwanted psychiatric hospitalization and/or mental or medical treatment, ensure that the person(s) attempting such are shown and are aware of this signed and notarized declaration. Immediately let your attorney and all other persons in your confidence know so that they may come to your aid. During any attempt at compulsory hospitalization or treatment by another, repeatedly declare your desire for a clarification of your condition of physical health. Explain that you wish to have this declaration abided by, however, do not resist or become aggressive. Demand to see an attorney.

A copy of your signed declaration should also be sent to the local or international branch of the Citizens Commission on Human Rights (CCHR). The International address is: CCHR, 6362 Hollywood Blvd, Suite B, Los Angeles, California, United States, 90028.

Declaration of Intention

I, _________________________________ , born on ______________________________
in ________________________________ , address _______________________________
being of sound mind, willfully and voluntarily make known my desire that should it be so considered or decided that I be subject to involuntary incarceration or hospitalization (also known as committal and certification) in a psychiatric hospital, ward, facility, home or nursing home, and/or that I be subject to psychiatric procedures including, but not limited to, any form of psychosurgical or neurological operation such as lobotomy or leukotomy, electroconvulsive treatment (also known as electroshock or shock treatment or ECT), psychotropic drugs (including benzodiazepines, major tranquilizers, antidepressants, barbiturates or neuroleptics generally), deep sleep treatment (narcosis, narcosynthesis, sleep therapy, prolonged narcosis, modified narcosis or neuroleptization), sterilization, insulin shock or any other physical based psychiatric or psychological treatment or practice; I direct that such incarceration, hospitalization, treatment or procedures not be imposed, committed or used on me.

I refuse contact with and treatment by any psychiatrist, psychologist or other mental health practitioner as these practices, according to my philosophic and/or religious convictions, do not adequately or properly diagnose and such diagnoses as are given can constitute a false accusation about my behavior and/or beliefs and practices, and are stigmatizing and therefore a threat to my reputation and physical and mental well-being. Any of their treatments, given against my express wish, are an intrusion upon and thus an assault on my body and constitute, in my view, criminal assault. Any involuntary hospitalization or commitment is a violation of my right to liberty and would therefore constitute a false imprisonment by all those advocating and authorizing such action against my consent and wishes. If in the future, I am accused of a crime, then I direct that I be subjected to due process as accorded to the criminally accused and not subjected to psychiatric or psychological assessment, processing, profile, confinement or treatments.

Among other situations, the above directions and positions apply in any case where my capacity or ability to give instructions may be or may be claimed to be impaired, or should I be in a state of unconsciousness, or should my communication in an actual and legal sense be impossible, or where any psychiatrist, psychologist, mental health practitioner, or law enforcement official or person asserts that the matter is a “life-saving” situation requiring emergency intervention and/or treatment under any involuntary commitment law or similar legal authority.

In the absence of my ability to give further directions regarding the above, it is my intention that this declaration be honored by my family and physician(s) as an expression of my legal right to refuse medical, psychological, psychiatric or surgical treatment.

The attorney(s) and other person(s) mentioned below are appointed and authorized to institute appropriate proceedings on my behalf should the above declaration be violated, and have my permission herewith to proceed with whatever criminal and/or civil procedures necessary to rectify such a violation.

I herewith authorize the following attorney(s) and other person(s) with the enforcement of this declaration of intention:
__________________________________ _  __________________________________ __
__________________________________ _  __________________________________ __

All medical doctors and their organizations as well as therapists are expressly released from their professional discretion or confidentiality towards provision of information to the above names attorney(s) and other person(s).

This declaration is also binding for my lawful agents, guardians, family, executors or any person with the legal or other right to take care of me or my affairs.

Signed __________________________________ _  Date __________________________________ ___
 
Address __________________________________ _ __________________________________ __

Signature of Notary/Justice of Peace/atty/etc Name of Notary __________________________________ _ __________________________________ ___

Before me on this date __________________________________ _ At __________________________________ ___

I wonder how this document would hold up in court, if the signer was found to be doing something absolutely outrageous, for which they could be placed under psychiatric observation, something like, oh, leaving the scene of an accident while stripping off their clothes (Lisa McPherson), or attempting to jump out of a window, clutching a handful of dollar bills (Noah Lottick) . 

I also wonder how many people, while scientologists when they may have signed this document, have now left scientology and forgotten that they signed this document in their zeal as a member, and how this may play a role if they are ever in a situation where this document would apply.

[Stutroup]

Wouldn't the contract be contrary to the health of an individual?  I'm not incredibly well-versed on the legal system, but that could easily be taken as self-harm.  It's not the same as a DNR form in a hospital.

All contracts are invalid if the contract is for something illegal.  IIRC, self-harm isn't legal.  Therefore, the contract should not be valid.

Of course, IANAL so I can't be the definitive voice on this.

[mefree]

IANAL but, I think it would hold up unless there were questions of competency at the time it was signed.

http://aging.dhr.georgia.gov/DHR-DAS/DHR-DAS_Publications/LivingWill.pdf

[Stutroup]

(I know this could easily brew a huge debate xD)  The way I see it, a DNR is reserved for those cases when the person is NOT healthy; a living will for after someone is incapacitated or dead.  They are reserved for when the person is basically in a static location.  I haven't known any elderly person living a very active life who also had signed a DNR.  It's only been when resuscitation would lead to long term suffering due to present condition or circumstnce.

The above contract, however, is far too broad; for someone in any state of health; for someone in any state of conscience; for any situation.

In other words, it attempts to be a catch-all for anything. 

Some laws state that psychiatric evaluation may be necessary for some situations.  Not only is it impossible to enforce unless every emergency responder does a search for such orders before making any decisions about emergency care.

Also, the broad nature of some of the terms are contrary to the law.  If someone is found insane, the person may be legally committed involuntarily.  The contract requests that the person simply be released (to the public; back to Scientology; whatever).  Thus the contract is void.

"If by any chance my mind is affected and I do anything out of the ordinary, I refuse any consequence for my actions."  <== the nutshell of the above.

[mefree]

There are a a couple of different issues here, I guess.

1) A person can be court ordered into treatment if they are a danger to themselves or others. I don't think that document could prohibit treatment in that particular situation. Let's use ESG as an example. If someone in his family had obtained a court order for psychiatric treatment before he pulled his sword, he might be alive today.

2) Patient's have rights and they have the right to refuse treatment of any type. So, if a competent individual signed the psychiatric living will and was involved in a car accident and was in a coma in a vegetative state, I believe it would hold up. 

All of that being said, I have many concerns about it. Is it an expectation in Scn that this document be signed? Is it shoved in front of someone along with their billion year contract? Is there coercion involved in the signing of said document?

[ethercat]

(I know this could easily brew a huge debate xD)

Oh, goody!    

That might liven this place up.  

Please, be my guest.   

[ethercat]

I've often wondered where CCHR gets money, since it seems more like a cost center for the "church" than a profit center.  Is it from private donations, money funneled from the "church," selling books and DVDs?  Here's one way, apparently:

Psychiatric Living Will Signings:

Monday, 5 July 2010

CCHR Florida-Psychiatric Living Will-Get yours!

July 11th 5:30-7:30-Bring Family and Friends

 

Protect your rights to reject psychiatric treatment.  A psychiatric living will is a document that you can carry with you at all times to help make known your objection to being treated by a psychiatrist or in a mental health setting.
...snip...
Join us for this event.

Psychiatric Living Will Signing Event
Sunday, July 11th, 5:30-7:30pm
CCHR Florida offices, 305 N. Ft. Harrison Ave.
Clearwater, Florida33755
Get your psychiatric living will signed and notarized!
This document will help to protect you from harmful psychiatric drugs.
Call to confirm 727-442-8820

$10 donation per person

Seems to be specific to CCHR Florida.  There was also one on December 5, 2009.  Wonder how many attendees they have at these events?

[mefree]

I can't imagine that too many people would pay for this when you can create your own living will for nothing as long as you have it witnessed.

Living will templates are easily found on the internet or local offices of aging services.

At least this is the case in some states:
http://aging.dhr.georgia.gov/DHR-DAS/DHR-DAS_Publications/LivingWill.pdf

I must say a living will specific to psychiatric care is unique, but any such specifications could be added to a standard template for those who so wished. 

[ethercat]

I wonder if Rex Fowler signed one of these?

http://wiki.whyweprotest.net/William_Rex_Fowler says a living will was found in his wallet, but it doesn't say it was a "psychiatric living will."

[ethercat]

To answer my own question, yes, it was a "psychiatric living will" in Rex Fowler's wallet.

http://www.thedenverchannel.com/news/26983968/detail.html

Bailey also showed photographs of several notes and documents that Fowler left for his wife, Jan.

One of the documents was "a psychiatric living will" that "bears the signature William Rex Fowler," Bailey said.

Fowler is a devout member and minister of the Church of Scientology.

Scientologists oppose the use of psychiatric medication and treatment on religious grounds. The church advises its members to have several copies of psychiatric living wills around to refuse psychiatric treatment or medication if they're involuntarily hospitalized or committed to a psychiatric facility.

"I refuse contact with and treatment by any psychiatrist, psychologist or other mental health practitioner as these practices, according to my philosophic and/or religious convictions, do not adequately or properly diagnose and such diagnoses as are given can constitute a false accusation about my behavior and/or beliefs and practices, and are stigmatizing," states a standard psychiatric living will form, which is posted on the Internet.

Defense attorney Sarah Quinn objected to Bailey testifying that the signature was Fowler's because he is not a handwriting expert. Judge Francis Wasserman allowed the will to be entered in evidence, but told the jury it was up to them to decide if it was Fowler's signature.

In opening statements, defense attorney Sara Strufing noted that Fowler put the living will in his pocket when he left for work the morning of the shooting. She cited it as evidence that Fowler was planning to kill himself that day because he was distraught that the company he founded 25 years earlier was in financial trouble.

And what does Scientology offer instead of psychiatric treatment for a psychotic person?

From Jesse Prince's declaration in the Lisa McPherson case: http://www.lermanet.com/jessielisa.htm

My Experience with Isolation
 26.   In 1973, Hubbard announced to the Scientology world that he had solved
the problem of how to handle a person in a "psychotic break".  Hubbard stated
that this was a "technical breakthrough" which possibly ranks with the major
discoveries of the twentieth century.  He further said his discovery means the
last reason to have psychiatry around is gone.  He went on to say the key is
what caused the person to introspect before the psychotic break.  During my
tenure in Scientology I have observed four instances of people having a
psychotic break.  In each case the person was sleep deprived; each had been
told their job performance was inadequate; and each person was subjected to
Scientology ethics.

27. I am familiar with the practice of  "Isolation," also known as "baby
watch" as practiced by Scientology and I have participated in the "handling"
of one Scientologist that was ordered to "Isolation".  No one volunteers to go
into Isolation.  I have seen with my own eyes how a person is driven to the
point of having a "psychotic break" and the subsequent brutality of treatment
the person then receives as a result of the handlers following strict
Scientology methods.

28. In the four instances of Isolation I observed, the person was locked in a
room with at least two other people guarding the exit door.  The people that
watch the person in a psychotic break are not allowed to talk to the person at
all.  They are only allowed to physically restrain the person. The reason
there are people guarding the exit door is that the person wants to leave and
attempts to leave time after time.  By their own policy the person in a
psychotic break is not allowed to leave until the Case Supervisor allows it.
Here is a direct quote from Scientology technical "Introspection Rundown,
Additional Step": "Dear Joe.  What can you guarantee me if you are let out of
Isolation?" If the persons's reply shows continued irresponsibility toward
other dynamics or fixation on one dynamic to the exclusion of others damaged,
the C/S (Case Supervisor) must inform the person of his continued Isolation
and why.  Example: "Dear Joe.  I'm sorry but no go on coming out of isolation
yet..."

 29. In 1987, I was at a place called Happy Valley, located behind the Soboba
Indian Reservation in California.  Happy Valley is where the Scientology
Rehabilitation Project Force, RPF, is located.  It is a prison /slave labor
camp for Scientologists who no longer ascribe totally to the doctrine of
Scientology. I, along with six other Sea Org members, were ordered to do a
"isolation watch" on another Sea Org member who was having a psychotic break.
Prior to having the psychotic break the person was very normal.  She had been
deprived of sleep for many days due to a deadline she was ordered to meet on
her job.  She was sent to "Ethics" and was constantly humiliated and degraded
for making errors and for falling asleep at her work station.  When she was
given to me to watch she was on her hands and knees and literally barking like
a dog. She thought she was L. Ron Hubbard.  It was at this time that I learned
how forced feeding was done and the extent of restraint we all had to enforce
on a young woman barely 5 feet tall.  I was horrified at just how close she
was to losing her life due to the "help" we were being ordered to give her.
Even though she was now being allowed to sleep,  she could not sleep and had
been up for nearly four days.  She was in a very agitated and violent state.
She would scream for hours until she could scream no more.  She fought to
escape and mutilated herself in the process.  Finally a doctor was called in
and it took four people plus the doctor to hold her down to give her a shot to
make her go to sleep.

 30.  A major part of the trauma a person experiences in Scientology's
"isolation" treatment is the person's struggle to get away or to get out of
the room they are being confined in.  The young woman I had to "iso watch" had
numerous injuries as a result of her beating on the walls and the door trying
to get away.  She would drift in and out of her psychotic state.  I was
informed by the security guard watching over us all that her family was
desperately trying to find her and during the times when she was "okay" I had
to let her call her mother after I told her what to say.  I held a separate
phone while she talked to her family and when things started to get "weird" I
would end the conversation.  She would tell her mother that she was okay and
would be home soon.  During this time she became very upset with me because I
made her see a doctor she did not know and who was not allowed to talk to her
while he was giving her shots.  She physically attacked me on more than one
occasion.  This was a public relations nightmare for Scientology and this is
why she was told to lie to her family about what was really going on with her.
This went on for two months.  After she seemed stable for a week and completed
the "Introspection Rundown" she was made to sign a release form which in
essence said Scientology was not responsible for what had happened to her and
she was quickly sent home.

31. If I had not forcibly made her drink water, I am positive that based upon
my own observations she would have died.

32. The people who are selected to watch a person in a psychotic break are
trained to make a person physically comply with orders and demands.
Controlling a person physically is taught in Scientology in its Training
Routine Courses.  As an example, in what is called "Training Routine 7, High
School Indoc" the Scientology student is trained to never be stopped by a
Pre-Clear.  No matter what the person in "Isolation" does or says, they are
not allowed to leave until the C/S says they can.

My Involvement in the case of Lisa McPherson
33.   I have been retained as an expert witness and trial consultant in the
case of Lisa McPherson since Nov, 1998.  In Dec, 1998, Scientology
representative Glenn Stilo brought Lisa McPherson's Pre Clear files to the
office of Ken Dandar by order of this court for inspection.  Glenn Stilo and I
knew each other when I was in Scientology.  At that time, Glenn was fully
aware that I was present at Mr. Dandar's Office and that I was there
inspecting Lisa McPherson's auditing files. I have also reviewed the
"caretaker logs"  of Lisa McPherson at the Fort Harrison Hotel and her Ethics
File.

 34. It is obvious from these files that Lisa McPherson complained that
auditing and Scientology were not working for her in 1995 and  that she wanted
to leave and return to Texas.  Her "stats" were down, i.e., her production and
income at AMC Publishing.  As a result, she was placed in Ethics at her work
where the records revealed that she was constantly doing "amends" and writing
"O/W's", overts and write-ups, which resulted in less time to obtain adequate
sleep which further, in my own observations, leads to psychotic breaks.  This
is confirmed by L. Ron Hubbard in his own writings, "Introspection Rundown
Additional Steps."

35. FLAG at the Ft. Harrison Hotel is  "the mecca of technical perfection"
according to Scientology.  I can attest that it is a high crime in Scientology
to alter or ignore the tech.  It is also a high crime to lose or omit vital
information from any PC folder, including "caretaker logs."  The Lisa
McPherson "caretaker logs" are missing substantial day-to-day portions, in
particular, the last three and one-half days of her Isolation.  This is no
accident.  Records of this magnitude are not lost.  Based on my experience,
these missing records were intentionally destroyed to conceal material matters
damaging to Scientology. Hubbard explicitly writes in CS SERIES 97 and CS
SERIES 98  that "omissions from folders and complete loss of folders is a very
serious matter...."  If proven, expulsion from Scientology is mandatory.

36. I have been asked to address the issue of whether or not Lisa McPherson
would have consented to her own isolation prior to experiencing a psychotic
break.  Without question, no Scientologist, except a Class 4 auditor or above,
would have prior knowledge of how someone would be treated who is declared to
be PTS Type III: a "Potential Trouble Source" who is experiencing a psychotic
break. Only those auditors would have the knowledge that "Isolation" is
implemented or the details of "Isolation" for those who are PTS Type III.  In
reviewing the Scientology records of Lisa McPherson, she was not an auditor
and would therefore never have acquired the knowledge prior to becoming PTS
Type III to consent to being held against her will in isolation.

 37. In Scientology technical bulletin "Search and Discovery" under the
subtitle "Handling Type III", L. Ron Hubbard wrote, "But there will always be
some failures as the insane sometimes withdraw into rigid unawareness as a
final defense, sometimes can't be kept alive and sometimes are too hectic and
distraught to ever become quiet, the extremes of too quiet and never quiet
have a number of psychiatric names such as "catatonia" (withdrawn totally) and
"manic" (too hectic)."