1. A. An advance directive for mental health treatment is valid only if it is signed by the declarant and two capable witnesses eighteen (18) years of age or older. The witnesses shall attest that the declarant:

   1. 1. Is known to them;
   2. 2. Signed the advance directive for mental health treatment in their presence;
   3. 3. Appears to be capable; and
   4. 4. Is not acting under duress, fraud or undue influence.

2. B. None of the following persons shall be eligible to serve as attorney-in-fact to the signing of an advance directive for mental health treatment:

   1. 1. The attending physician or psychologist or an employee of the physician or psychologist; or
   2. 2. An owner, operator or employee of a health care facility in which the declarant is a patient or resident.

Added by Laws 1995, HB 1353, c. 251, § 5, eff. November 1, 1995.