Review of advance directives

Health2017126 sections

Statutory text

(1) If an advance directive is not clear or is not specific or is not substantially free from doubts, the mental health professional, before taking any action on the basis of such advance directive, shall seek clarification from the nominated representative of the person, if any, and if there is no nominated representative, the mental health professional shall apply to the Board to seek clarification on the advance directive.
(2) The Board shall, upon receiving an application under sub-section (1), and after providing an opportunity of being heard to the applicant and the person who made the advance directive, pass an order as it deems fit.
(3) Where an advance directive requires a mental health professional to undertake a specific treatment or to consult a specific mental health professional, the mental health professional shall be bound to follow the advance directive unless such treatment is not available or the mental health professional is not available or if the mental health professional considers that the advance directive is not valid as it is not in conformity with the provisions of this Act: Provided that if the mental health professional does not follow the advance directive, he shall record his reasons for not doing so and refer the matter to the

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