Psychiatric advance directives and social workers: an integrative review.
Van Dorn, Richard A. ; Scheyett, Anna ; Swanson, Jeffrey W. 等
Individuals with severe mental illness (SMI) often experience
episodic crises alternating with times of stability. During crises,
social workers and other providers often implement mandated
interventions, such as involuntary hospitalization. On the one hand,
many providers see these interventions as necessary to prevent harm and
protect those with SMI (Swanson, McCrary, Swartz, Van Dorn, &
Elbogen, 2007); on the other hand, many people with SMI describe such
interventions as frightening, disempowering, traumatic, and a barrier to
treatment (Swartz, Swanson, &Hannon, 2003; Van Dorn, Elbogen, et
al., 2006). Social workers thus face difficult ethical decisions when
engaging in crisis intervention. They may be required to choose between
supporting individual autonomy and self-determination and preventing
possible harm to the client or others.
Psychiatric advance directives (PADs) offer one strategy to reduce
mandated interventions (Swanson et al., 2008). PADs are legal documents
that allow individuals to express preferences for future treatment
(Joshi, 2003) and are designed to be created while the individual is
competent and go into effect during periods of decisional incapacity
(Swanson, Swartz, Ferron, Elbogen, &Van Dorn, 2006). (PADs are one
type of "advance statement" for mental health treatment.
Others include wellness recovery action plans, joint crisis plans, and
crisis cards. Goals for documenting preferences are somewhat similar
[compare, Henderson, Swanson, Szmukler, Thornicroft, & Zinkler,
2008]; however, PADs are the only method that is legally binding on the
clinician, but clinicians are not legally obligated to provide care that
conflicts with community practice standards. We discuss this in the
Overriding PADs and Community Standards of Care section.) PADs support
individuals' autonomy and self-determination when they are in
crisis and cannot voice their preferences and needs because of their
illness (Swanson, Tepper, Backlar, & Swartz, 2000). PADs may also
affect clinical outcomes that indirectly reduce crises and coercion. For
example, PADs have the potential to improve treatment engagement,
adherence, and service utilization, which may then affect crisis
management, including deescalation of crises as an alternative to
hospitalization, timely notification of clinicians and family members
regarding decomposition, or (if hospitalization is required) improved
inpatient management strategies.
PADs can include an advance instruction (AI) or a healthcare power
of attorney (HCPA). In an AI, individuals can accept or refuse certain
medications or other treatments (for example, electroconvulsive therapy)
and identify hospital preferences. AIs may also be used to provide
information on ways to deescalate crises, make requests for actions if
hospitalized (for example, contact a family member), and agree to future
hospitalizations. An HCPA (variously called a "healthcare
agent," "healthcare proxy," or "durable power of
attorney for health care") lets individuals appoint a
representative to make treatment decisions on their behalf (that is,
using substitute judgment for the client's known preferences) when
they are unable to do so (Appelbaum, 2004). In most states, PADs are
valid until revoked, which can occur at any time as long as the client
is not declared incompetent or incapable; in some states, PADs expire
within a certain time period (for example, two years in Pennsylvania,
three years in Oregon, five years in Louisiana).
Given their ability to support autonomy and self-determination and
the potential to decrease mandated interventions, PADs should be of
great interest to social workers. However, little exists in the social
work literature regarding PADs, and social workers' knowledge of
PADs appears limited. In a survey of 193 social workers, only 5 percent
reported being "very familiar" with AIs, and only 15 percent
reported being "very familiar" with HCPAs for mental health
(Scheyett et al., 2008). The goal of this integrative review is thus to
provide social workers with information on the promises and challenges
of implementing PADs, including their history, their relevance to social
work practice, and the empirical evidence related to prevalence and
latent demand for PADs and outcomes associated with PADs.
HISTORICAL CONTEXT OF THE DEVELOPMENT OF PADS
At their most basic level, PADs are a variation on medical advance
directives (ADs) and are thus flamed by relevant legal cases, including
In Re Quinlan (1976) and Cruzan v. Director, Missouri Department of
Health (1990). Both the Quinlan and Cruzan decisions addressed informed
consent and the right to consent to or refuse treatment. Also, during
the same year that the Quinlan decision was handed down, and beginning
with California (that is, the state's Natural Death Act [codified
as California Health & Safety Code [section][section] 7185-7195]),
all states enacted advance directive statutes, including AIs, durable
powers of attorney, or both (Meisel & Cerminara, 2005).
Karen Ann Quinlan was a 22-year-old in a chronic persistent
vegetative state. Her family wished to discontinue the use of a
respirator and thus end her life. The New Jersey Supreme Court
overturned a lower court's ruling denying this request and sided
with Ms. Quinlan's family. The court's decision acknowledged a
patient's right to refuse treatment even if the patient is unable
or not competent to make that decision. The notion that this right
extended to incompetent patients was based on three
factors--self-determination, best interests, and equality (Olick,
2004)--and it can be extended to considerations of patients' rights
during periods of incapacity around mental health crises as well.
In 1983, Nancy Cruzan was a 25-year-old patient who was left in a
persistent vegetative state following an automobile accident. After a
period of time with no improvement, Ms. Cruzan's family attempted
to have her feeding tubes removed on the basis of a prior conversation
between Ms. Cruzan and a friend in which Ms. Cruzan indicated that she
would not want to be kept alive through artificial means without hope of
recovery. The Missouri Supreme Court dismissed this claim on the basis
of the requirement of informed consent. Given the basic tenets of
informed consent (that is, capacity to understand, consent being
uncoerced and voluntary, and capacity to make reasoned judgments), the
court ruled that Ms. Cruzan could not have understood the risks or
benefits of treatment on the basis of a hypothetical situation. Although
the subsequent U.S. Supreme Court decision noted that competent adults
have a constitutionally protected right to refuse treatment, this same
right was not extended to incompetent patients (or patients in a
vegetative state) unless there was "clear and convincing
evidence" of the patient's wishes. Although the "clear
and convincing" standard does not require a written directive, it
is much more difficult to meet this standard with only oral statements.
The Cruzan case thus had implications for the use of written directives
and authorization of proxy decision makers, and it eventually led to the
passage of the federal Patient Self-Determination Act (PSDA) (Omnibus
Budget Reconciliation Act of 1990). The PSDA requires healthcare
organizations that receive federal support to inform patients of their
rights to prepare a directive, to document whether patients have
executed a directive, to comply with state laws regarding directives,
and to educate providers regarding these legal instruments.
The application of ADs to people with SMI can be traced to the
1970s, when Paul Appelbaum--in response to an editorial on a pending
bill in Michigan's House of Representatives, which addressed living
wills--wrote in the New England Journal of Medicine, "The
idea's undoubted appeal in medical settings is exceeded only by its
potential utility on the psychiatric ward" (Appelbaum, 1979, p.
788); Appelbaum then stated,
the appointment of a surrogate to give a proxy
consent for treatment when physicians attest that
the patient's psychosis has recurred, is clearly
an attractive one at this time. It would permit
rational treatment based on the patient's own
rational wishes. (p. 788)
Shortly after Appelbaum's letter, the concept of a
"psychiatric will" was proposed as a means to avoid unwanted
mental health treatment (Szasz, 1982). Other scholars have also advanced
critiques of social control and coercive interventions in mental health
services (see, Foucault, 1965; Horwitz, 1981), and these critiques
helped fuel interest in PADs (Swanson et al., 2000). Patient empowerment
and patient-centered care provided other compelling reasons to support
PADs.
Empowerment is viewed as exerting control over multiple domains of
one's life (Rappaport, 1987), is derived from both internal (for
example, behavioral) and external (for example, organizational) factors,
and is an integral part of the rationale for PADs (Backlar, McFarland,
Swanson, & Mahler, 2001). An illustrative approach to the use of
empowerment in this context can be seen in statements from
Virginia's Commission on Mental Health Law Reform (2007): The
Commission states that in order to "facilitate engagement and
empowerment of persons [italics added]" with SMI, there should be
an emphasis on individual choice in mental health statutes, regulations,
policies, and practices, which would include the use of crisis plans and
advance directives in the event of impaired decisional capacity and make
discussion of such plans a standard part of treatment. Thus, empowerment
respects individual choice while also recognizing the importance of
factors external to the individual; relevant to the development of PADs,
empowerment is supported by patient-centered care (PCC).
PCC has been illustrated in many ways since Balint (1969) described
the concept 40 years ago. Perhaps the most cogent description of PCC
came from Stewart et al. (1995), who focused on six interrelated
concepts: (1) exploring both the disease and the illness experience, (2)
understanding the whole person, (3) finding common ground regarding
illness management, (4) incorporating prevention and health promotion,
(5) enhancing the provider-patient relationship, and (6) being realistic
about limitations and issues such as the availability of time and
resources. The interactions of these concepts have been conceptualized
as follows: patient-as-person, clinician-as-person, shared power and
responsibility, therapeutic alliance, and biopsychosocial model of
health and illness (Mead & Bower, 2000). Although the notion of PCC,
including a reliance on the biopsychosocial model (Engel, 1977), is
certainly not new to social workers (Johnson et al., 1990), little
attention has been paid to the ethical imperative that social workers
have toward these tenets in their work with mental health consumers.
Although social workers are a vital component of the mental health
delivery system (Manderscheid & Henderson, 2003) for some of
society's most vulnerable adults, it is also true that social
workers have struggled with balancing empowerment and clinical power in
treatment settings (Odiah, 2004). Research suggests that social workers
believe that clients with impaired decision-making capacity will benefit
from paternalistic interventions (McCubbin & Cohen, 2003). In
addition, social workers practicing in the public sector report using
warnings regarding directive interventions (for example,
hospitalization, money) to improve adherence with treatment more than do
those not working in the public sector (Scheyett et al., 2009). Although
social workers in public mental health settings have a difficult
endeavor in balancing empowerment and restrictions, the
profession's Code of Ethics (NASW, 1996) provides insight into
these issues that are relevant to PADs.
RELEVANCE OF PADS TO SOCIAL WORKERS
PADs underscore the importance of two of the profession's
ethical principles (NASW, 1996): (1) "Social workers respect the
inherent dignity and worth of the person" (p. 5) and (2)
"Social workers recognize the central importance of human
relationships" (p. 5). With regard to the former, social workers
are charged to "respect and promote the right of clients to
self-determination and assist clients in their efforts to identify and
clarify their goals" (p. 7). This principle can be linked to
empowerment and autonomy--both of which are central to psychosocial
rehabilitation and recovery--in addition to PADs (Scheyett, Kim,
Swanson, & Swartz, 2007). The latter principle states that
"social workers understand that relationships between and among
people are an important vehicle for change. Social workers engage people
as partners in the helping process" (p. 6). This concept is tied to
PCC through a bidirectional flow of information in which both the
clinician and the client have active roles in discussing preferences,
risks, benefits, and treatment options (Hamann, Leucht, & Kissling,
2003).
PADs also support the strengths perspective, which requires that
social workers see individuals "in light of their capacities,
talents, competencies ... values and hopes" and that social workers
consider "what people know and what they can do" in addition
to their challenges (Saleebey, 1996, p. 297). A core principle of the
strengths perspective is that interventions be based on client
self-determination (Rapp, 1998). PADs are grounded in the belief that
individuals with SMI, when competent, can identify treatments that are
most helpful to them; that they know what they need; and that it is
important to honor their values, even during times when they cannot
convey their wishes.
Beyond the ethical imperative to consider PCC and the congruence
between PADs and social work models, such as the strengths model, the
fact that social workers are one of the primary treatment providers for
individuals with SMI is another reason to educate them about PADs. As a
profession, social work represents one of the largest (Manderscheid
& Henderson, 2003) and still growing (Mechanic & Bilder, 2004)
provider groups of mental health services in the United States. Social
workers also provide treatment to a large proportion of clients with SMI
in the public mental health system (Offer, 1999), which is a targeted
population for PADs. Thus, it is important that social workers
understand PADs and also become aware of emerging PADs research and its
implications for practice.
PRIOR RESEARCH ON PADS
Our review of prior research on PADs consisted of comprehensive
searches of PubMed, Social Service Abstracts, Social Sciences Citation
Index, Social WorkAbstracts, PsycINFO, and MEDLINE. We used the
following main key words: psychiatric, mental illness, advance
directive, and advance instruction. The following adjunct key words were
also used: prevalence, demand, attitudes, barriers, competence,
facilitation, override, preempt, crisis, and outcome. Main key words
were used in combination with the adjunct key words. Article abstracts
were examined, and articles based on original data collection were
reviewed and categorized into common areas, as summarized in the
following.
Prevalence and Demand
The real-world uptake of PADs has been limited, despite the impetus
of the PSDA, PAD legislation in 25 states, and the fact that all states
allow advance statements for mental health in their health care
decisions laws. Four studies have examined the prevalence of or demand
for PADs. (In another study [N = 156], 41 percent and 26 percent of
family members or clinicians knew someone who had an AI or an HCPA,
respectively [Baclkar & McFarland, 1996]. However, the prevalence
cannot be calculated because the denominator [for example, for the
clinicians, the total number of clients on one's caseload] was not
available.) In a sample of 303 people with SMI and a history of crisis
service use, 53 percent expressed an interest in completing a PAD
(Srebnik, Russo, Sage, Peto, & Zick, 2003). Two studies assessed
both latent demand for and prevalence of PADs. The first study included
104 people with SMI, and the second included 1,011 people with SMI in
five U.S. cities. In the first study, 7 percent of participants had
completed a PAD; however, 67 percent indicated an interest in completing
one (Swanson et al., 2003). In the second study, between 4 percent and
13 percent of participants across study sites had completed a PAD;
however, between 66 percent and 77 percent of participants wanted to
complete one (Swanson, Swartz, Ferron, et al., 2006). In a study
conducted in England, 40 percent of participants (N = 106) wanted to
complete a crisis card (Sutherby et al., 1999), which has similarities
to a PAD (Henderson, Swanson, Szmukler, Thornicroft, & Zinkler,
2008). Clearly, people with SMI are interested in PADs; however, actual
rates of completion remain low.
Many factors affect consumers' willingness to complete a PAD.
One study found that higher demand for PADs was present among women;
nonwhites; and those with a history of self-harm, arrest, and decreased
personal autonomy, including feeling pressured to take medication
(Swanson, Swartz, Ferron, et al., 2006). Another study found that case
managers' support for PADs was associated with desire to complete a
PAD. Contrary to the former study, this latter study found greater
interest in PADs among those with no recent directive intervention (that
is, outpatient commitment) (Srebnik et al., 2003).
Other Stakeholders" Knowledge of and Attitudes toward PADs
Although prior research indicates that consumers of mental health
services have a strong latent desire for PADs, clinicians and family
members of people with mental illness appear to be more mixed in their
views of PADs. In a study of almost 600 clinicians--including social
workers, psychiatrists, and psychologists--less than half of the sample
(47 percent) endorsed AIs as potentially helpful to people with SMI;
HCPAs were endorsed by 57 percent of the sample (Elbogen et al., 2006).
In this same research, regardless of profession, attitudes toward PADs
were more positive when respondents were aware of state laws allowing
clinicians to override PADs that conflict with community practice
standards (for example, directives refusing all medications would
generally not be consistent with community practice standards for people
with SMI, nor would directives requesting services that are unavailable
in a local area).
In other research assessing clinicians' (N = 85, of which 30
percent held an MSW degree) experiences with PADs, only 13 percent
reported having a client with either type of PAD document (Swanson et
al., 2003). However, the clinicians were virtually unanimous (96
percent) in their support of clients completing a PAD if provided
assistance. Clinicians' support of PADs was based on their belief
that PADs would make consumers feel more empowered.The notion of
empowerment as a principal reason for advocating PAD completion appears
to be where clinicians and other stakeholders, including clients and
family members, differ in their reasons for supporting PADs.
Clients and family members are significantly more likely than
clinicians to endorse the importance of the proscriptive and
prescriptive functions of PADs. For example, 77 percent of clients, 72
percent of family members, and 28 percent of clinicians endorsed the
importance of having a PAD to avoid being treated against one's
will. Similarly, 87 percent, 72 percent, and 51 percent of consumers,
family members, and clinicians, respectively, indicated that PADs were
necessary to avoid going without needed treatment (Swanson et al.,
2003).
Research suggests that family members of those with a mental
illness strongly support PADs, particularly the HCPA mechanism. Family
members were significantly more likely to endorse HCPAs than were either
consumers or clinicians (95 percent versus 79 percent and 80 percent,
respectively) (Swanson et al., 2003). Although prior research indicates
that all mental health stakeholder groups have interest in and high
hopes for PADs, this same research indicates that substantial barriers
may prevent successful completion and use of PADs.
Barriers to Completing and Using PADs
Barriers to PADs represent perhaps the greatest challenge to PADs
as intended and include factors related to clinicians' ability or
willingness to implement PADs and consumers' ability to complete
the documents (O'Connell & Stein, 2005). Clinicians'
attitudes toward PADs are critical at two points in time: when the PAD
is created and when the PAD is invoked during a crisis. The utility of
clinicians' involvement in the preparation stage is still under
debate (Peto, Srebnik, Zick, & Russo, 2004); however, evidence
points to a positive relationship between clinicians' support of
PADs and consumers' interest in them (Srebnik et al., 2003).
Clinicians' lack of support for PADs could represent a barrier to
PAD preparation as it is believed that most consumers need some support
to complete PADs (Peto et al., 2004). Clinicians' attitudes
regarding the implementation of PADs are also likely to come into play
when they are presented with a PAD during a crisis, because
implementation is the clinicians' responsibility, and their
attitudes may affect what they do (if anything) to make PADs work as
designed. Clinicians report barriers related to the operational features
of the work environment, including a lack of access to the document.
Clinicians also describe barriers related to clinical factors, including
consumers' potential inappropriate treatment requests; however,
barriers related to the work environment were endorsed at a higher rate
than those related to clinical factors (Van Dorn, Swartz, et al., 2006).
Consumers have also identified multiple PAD-related barriers.
Given consumers' interest in PADs but low rates of PAD
completion, it is apparent that significant barriers are preventing
consumers from taking advantage of PADs.These barriers include a
misunderstanding of PADs; lack of resources necessary to complete PADs;
lack of someone to serve as proxy decision maker; inability to navigate
the complexity of the PAD documents, including obtaining witnesses,
having the documents notarized, and filing the documents in a medical
record or registry. Prior research highlights the need for consumer
education and assistance with PADs; for example, a majority of consumers
(77 percent) indicated that they did not understand enough about PADs to
complete one on their own (Swanson et al., 2003). In a sample of 462
people with SMI, three-quarters of the participants reported barriers
related to the PAD documents (for example, not understanding the
documents), whereas one-third identified barriers associated with
external support for PADs (for example, having no one they trust to make
decisions) (Van Dorn, Swanson, Swartz, Elbogen, & Ferron, 2008). In
addition to the above barriers, illness processes, including cognitive
impairment in people with SMI, may hinder PAD completion.
Competence and PADs
Competence is a principal component of PADs. Specifically, clients
must be competent when they prepare, sign, and have the PAD notarized
(Srebnik, Appelbaum, & Russo, 2004). In this context, competence
refers to the capacity to both make and write the decisions identified
in the PAD. Although it is legally assumed that people with mental
illness are competent to complete PADs, some ethicists claim that
future-oriented instructions are a poor substitute for the current
choices of a competent individual (Brock, 1993; Dresser, 1989). (Only
two states, however, require a clinician to endorse a PAD: In Indiana,
the treating psychiatrist must sign the instructions, indicating that
the treatment choices are "appropriate" and that the client
was competent at the time the document was created; an HCPA must also be
appointed. In Louisiana, either a physician or psychologist must attest
to the client's "ability to make reasoned decisions"
about treatment at the time the document was completed.) One survey
found that 90 percent of clinicians would be more likely to support
directives if a clinician endorsed the client's competence at the
time the document was completed (Srebnik & Brodoff, 2003). However,
it should be noted that the same desire for demonstrated competence is
not present for the completion of medical advance directives.
PAD Facilitation
Although consumers' barriers to PAD completion and
clinicians' concerns regarding PAD creation and implementation are
well documented, interventions have shown the ability to increase rates
of PAD completion. For example, a randomized trial demonstrated that a
structured facilitation can significantly increase PAD completion rates.
Specifically, 61 percent of people with SMI randomly assigned to a
facilitation completed an AI or authorized an HCPA, compared with only 3
percent of those assigned to a usual-care condition (Swanson, Swartz,
Elbogen, et al., 2006). Research using these same data indicated that
the facilitation reduced barriers related to both the PAD documents
themselves and external support for PADs over the course of one year.
The reduction of the barriers was an important mechanism by which the
intervention resulted in completed PADs (Van Dorn, Swanson, Swartz,
Elbogen, & Ferron, 2008).
The facilitated intervention just described used a semistructured,
manualized interview; the process was facilitated by trained research
assistants. However, other research has used a computer-assisted program
(AD-Maker) to facilitate PAD completion (Sherman, 1998). An early study
using AD-Maker found that a majority of randomly selected people with
SMI were able to complete a psychiatric advance statement within 80
minutes and that the computer program, which used drop-down menus for
choices, was an effective way to complete the statement, even for those
with little or no prior computer experience (Sherman, 1998). AD-Maker
has been used subsequently in a study with people with two or more
psychiatric hospitalizations within two years (Srebnik et al., 2005).
However, research from this latter study found that when using AD-Maker,
older adults needed more technical support--that is, with the computer
program--than did younger participants (older adults also needed more
non-technical support--that is, phrasing instructions) (Peto et al.,
2004).
Overriding PADs and Community Standards of Care
Given the already discussed concerns about competence and PADs, it
is relevant to briefly discuss the possibility of clinicians overriding
PADs during a crisis and whether completed PADs conform to community
standards of care. All advance directive, or PAD-specific, statutes for
mental health allow clinicians to override patients' advance
choices for treatment when a preference conflicts with standards of care
and the clinician is acting in good faith; however, when this happens,
clinicians in most situations are obligated to follow whatever portions
of the PAD they can, even if they override specific instructions
(Swanson, McCrary, et al., 2006). Because there have been relatively few
PADs created, it is difficult to determine what factors predict
clinicians' real-life proclivities to override PADs. However, in
response to a hypothetical vignette, 47 percent of surveyed
psychiatrists indicated that they would override a valid, competently
executed PAD that refused hospitalization and medication. PAD override
was more likely among psychiatrists who worked in hospital emergency
departments, those who were concerned about patients' violence risk
and lack of insight, and those who were legally defensive. PAD override
was less likely among participants who believed that involuntary
treatment is largely unnecessary in a high-quality mental health system
(Swanson et al., 2007).
Research has also examined completed PADs for adherence to
community standards of care (Srebnik et al., 2005; Swanson, Swartz,
Elbogen, et al., 2006). In one study, medication and hospital
preferences were rated by psychiatrists as consistent with community
practice standards and both feasible and consistent 90 percent and 83
percent of the time, respectively (Swanson, Swartz, Elbogen, et al.,
2006). In other research, 16 of 17 factors were rated as consistent with
community standards of care 96 percent of the time or more. The only
factor that was not rated as highly in this latter review was
"willingness to try medications not listed in the directive,"
which was consistent with standards of care 57 percent of the time
(Srebnik & Russo, 2007). In both of these studies, which reviewed
over 340 completed PADs, no document refused all treatment. Although
clinicians are worried about being presented with PADs that do not allow
them to treat patients, the empirical evidence does not bear this out.
(For a different perspective, see a recent decision by the U.S. Court of
Appeals for the 2nd Circuit, which struck down a state law that allowed
mental health professionals to override a person's advance refusal
of psychotropic medications through a general health care proxy
[Hargrave v. Vermont, 340 F. 3d 27, 2d Cir. 2003]).
PAD Outcomes
To this point, the reviewed evidence indicates that PADs are valued
by various mental health stakeholder groups, albeit for somewhat
different reasons; still, the uptake of PADs remains minimal because
multiple barriers hinder their completion and implementation. However,
interventions can reduce these barriers and increase rates of PAD
completion. Finally, when PADs are completed, the information contained
therein is useful and consistent with community standards of care. In
addition, recent studies have shown that PADs also improve clinical
outcomes for those who complete them. For example, interventions
designed to facilitate completion of PADs can improve treatment
satisfaction, working alliance, and competence to make treatment
decisions (Elbogen et al., 2007; Swanson, Swartz, Elbogen, et al.,
2006). Other research indicates that PADs were able to reduce the use of
coercive crisis interventions (for example, being transported by the
police for psychiatric treatment or evaluation, being involuntarily
committed to a hospital) over the course of two years (Swanson et al.,
2008). Other studies have come to similar conclusions. A study in the
United Kingdom that examined joint crisis plans (JCPs), which have
similar goals to PADs but without the document being legally binding on
the mental health provider (Henderson et al., 2008), found that the use
of coercive interventions was significantly reduced over time. In
addition, there were fewer instances of violence for those with JCPs
than those without (Henderson et al., 2004). Another study in the United
Kingdom, however, found no significant differences between a group
randomly assigned to complete a PAD and those randomized to usual care
in rates of involuntary readmission, inpatient days, or satisfaction
with psychiatric services (Papageorgiou, King, Janmohamed, Davidson,
& Dawson, 2002). In another study, Srebnik and Russo (2008) found
that when PADs were accessed during a mental health crisis, two-thirds
of subsequent treatment decisions were consistent with them; yet PADs
were only accessed for 20 percent of crisis events. This same study
noted that there were low rates of consultation with proxy decision
makers during crises; when proxies were "involved," though,
the PAD was significantly more likely to be accessed (Srebnik &
Russo, 2008). Although in toto these findings show promise, this latter
finding regarding the lack of involvement of proxies is concerning,
because their involvement is seen as important for successful PAD
implementation (Backlar, 1997). Finally, qualitative research has
attempted to describe, from the consumer's perspective, some of the
strengths and limitations of PADs as actually experienced during mental
health crises (Kim et al., 2007). This research found that most
participants expressed enthusiasm regarding the implementation of PADs
but also concern regarding clinicians' general lack of awareness of
PADs. In addition, some consumers were uncomfortable even mentioning to
clinicians that they had a PAD for fear of a negative response or some
type of involuntary treatment during their hospitalization.
CRITIQUE OF PRIOR RESEARCH ON PADS
Though initial studies are promising, there are several areas where
research remains lacking. First, little research has followed consumers
for extended periods of time to assess the long-term effects of PADs
(the outcome studies reviewed earlier followed people for one or two
years). Longitudinal studies are needed over multiple years to determine
the effectiveness of PADs in decreasing crises, increasing connection
with treatment, and improving recovery in consumers with SMI. A
cost-benefit analysis component of these long-term follow-up studies
should be included as well.
A second area of need involves the contextualization of PAD
effectiveness within the larger service system. If PADs are to be
effective, the service system must support their creation, access, and
use. However, PAD outcome studies have traditionally lacked this
contextual focus. Little research exists on effective ways to overcome
barriers to access and use of PADs, including comparing ways to ensure
that PADs can be accessed at any time (for example, living will
registries, medical-alert bracelets, state registries, PADs filed with
likely inpatient destinations). Empirically tested interventions are
needed to educate and improve provider attitudes regarding PADs so that
they may support PAD creation and use. Systemic interventions are needed
to develop effective and timely ways to share PAD information when a
consumer is in crisis. Communication systems involving both staff
training and technology use could he promising but have yet to be
rigorously explored.
Third, prior PAD research lacks the consumer's voice. It is
ironic that, although PADs are tools for consumer empowerment and
autonomy, consumers have had little involvement in PAD research. Future
PAD research would benefit from a participatory action research approach
(Atweh, Kemmis, &Weeks, 1998), and research in partnership with the
consumer advocacy community is needed.
Fourth, various methods of declaring advance statements should be
examined. For example, do JCPs--which differ from PADs in that (1)
clinicians are not legally obligated to follow a client's
declarations and (2) they are predicated on direct involvement of the
client's primary clinician in helping create the document--lead to
better outcomes for some clients than for others (for example, people
with SMI who are distrusting of legal documents)?
Fifth, there has been little research into the stability of
preferences, errors in HCPA decisions, and cognitive biases in
predicting satisfaction with future treatment choices. All of these
affective forecasting issues are relevant to PADs and should be
explored, including whether errors in affective forecasting lead to
disappointment with PADs and, if so, with what consequence.
Sixth, and finally, little research has explored PADs in the
context of race and culture (Van Dorn, Swanson, & Swartz, 2009).
There has been little effort to disaggregate racial and ethnic groups
beyond traditional white/nonwhite designations in consideration of
desire for or actual uptake of PADs. In addition, there have been few
attempts to explore emic representations of PADs from consumers' or
HCPAs' perspectives, which might improve the understanding of PADs,
particularly for racial and ethnic minorities, groups that have
traditionally been disenfranchised from, or had little voice in, mental
health care (Lefley, 1990). This same need to understand PADs at a more
nuanced level is also related to sex and age differences for people with
SMI.
FUTURE RESEARCH AND PRACTICE AGENDA FOR SOCIAL WORKERS
Social work can make unique contributions to both research and
practice regarding PADs. Social work's dual focus on individual
need and social justice expands the traditional medicolegal model to
examine both clinical impact and rights from a systems perspective.
Social work is well positioned to examine the effectiveness of PAD
interventions across a range of contexts--for example, how effective are
PADs for individuals from nonmajority groups or cultures? How might
membership in multiple oppressed groups (for example, SMI and
gay/lesbian, SMI and racial minority) affect the impact of PADs?
As discussed earlier, research is lacking in ways to overcome
barriers to PAD use. In addition to social work research on PADs within
the context of clients' lives, experiences, and environments,
social work research should address these barriers to PAD
implementation. This too should be done from a systems and social
justice/antioppression perspective. Effective interventions need to be
developed and tested to ensure that social workers are knowledgeable
about PADs, are willing and able to honor PADs, and work within systems
in which PADs can be implemented.
In addition to research, studies suggest that social workers are in
need of education regarding PADs. Inclusion of PAD content in the social
work curriculum is needed. PAD content is appropriate for courses
addressing services to adults with mental illness and should include an
understanding of what PADs are and how they support the principles in
the NASW (1996) Code of Ethics. In addition, this content should
emphasize patient-centered care within the context of a therapeutic
alliance, which would provide an overview of the clinical skills needed
to engage consumers in the discussion of whether to prepare a PAD.
Education regarding PAD content is also needed in mental health policy
and advocacy courses and trainings, linked with other policies
protecting the rights of individuals with mental illnesses. PADs should
be discussed as both a clinical crisis planning tool and a tool for
social justice. Social workers should therefore be educated in effective
ways to inform consumers about their rights to a PAD, and social workers
should also be educated as to their role in ensuring that a
client's PAD is made available and honored within community
standards of care during mental health crises. This role will require
skill building in the area of advocacy and negotiating for the
invocation and implementation of PADs within settings in which
traditional medical models are a more common framework than social
work's social justice/psychosocial approach.
The literature also indicates a lack of awareness of PADs among
already practicing clinicians; thus, education on PADs should move
beyond the social work curriculum and include continuing education on
PAD content. Social work supervisors play a central role in PAD
education efforts and can encourage attendance at workshops, provide
staff access to information and materials on PADs (for example, the DVD
Crisis and Control: What's the Role of Psychiatric Advance
Directives [for more information, see
http://www.unlistedfilm.com/crisis.html] could be used in classroom,
practicum, or clinical settings), and discuss PAD use with trainees
during supervision. For already practicing clinicians, it is critical
that social workers leverage their work with family members of those
with SMI, in both inpatient and outpatient settings, to educate all
involved parties about PADs. When viewed in this context, no other
mental health professional group could have a larger impact on advancing
multiple aspects of PADs. An important new resource providing PAD
information that can begin to facilitate these next steps is the
National Resource Center on Psychiatric Advance Directives, which is a
collaborative effort between the Bazelon Center for Mental Health Law
and the Department of Psychiatry and Behavioral Sciences at Duke
University Medical Center (http://www. nrc-pad.org).
In sum, individuals with SMI are a vulnerable, stigmatized, and
often voiceless group of people who experience both painful psychiatric
symptoms and sometimes iatrogenic effects of involuntary treatment. PADs
are legal instruments that have the potential to both improve clinical
outcomes and decrease involuntary interventions. Social workers can play
a major role in the use of PADs, which may increase consumer engagement
with the mental health system, improve the care that consumers receive,
decrease crises and coercive care, and increase consumer empowerment and
recovery.
Original manuscript received October 1, 2008
Final revision received June 3, 2009
Accepted June 15, 2009
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Richard A. Van Dorn, PhD, is assistant professor, Department of
Mental Health Law and Policy, Florida Mental Health Institute,
University of South Florida, 13301 Bruce B. Downs Boulevard, MHC 2718,
Tampa, FL 33612; e-mail: rvandorn@fmhi.usf.edu. Anna Scheyett, PhD, is
associate dean for academic affairs, School of Social Work, University
of North Carolina at Chapel Hill. Jeffrey W. Swanson, PhD, is professor,
and Marvin S. Swartz, MD, is professor, Department of Psychiatry and
Behavioral Sciences, Duke University Medical Center, Durham, NC.