section 14
Appointment and revocation of nominated representative
The Mental Healthcare Act, 2017Health2017126 sections
Statutory text
- (1) Every person, who has attained the age of eighteen years, shall have the right to appoint a nominated representative, in writing on plain paper, with his signature or thumb impression: Provided that a person who is not a minor may appoint a nominated representative: Provided further that a person who is not a minor may also write his own advance directive to guide the healthcare or treatment decisions or both for his mental illness.
- (2) A person who has appointed a nominated representative may revoke such appointment at any time.
- (3) If a person has not appointed a nominated representative under sub-section (1), the following persons in respective order shall be deemed to be the nominated representative of the person with mental illness, namely:—
- (a) the spouse of the person; or
- (b) the parents, if the person is not married and has no children; or
- (c) the children of the person, if the person is not married or has no spouse or parents; or
- (d) next of kin; or
- (e) a suitable person appointed by the Board under section 16.
- (4) A person may appoint any person as his nominated representative, except a person who—
- (a) is a minor;
- (b) has been declared as a person with mental illness or has been declared as a person with intellectual disability by a competent court;
- (c) has been declared as a person with mental illness or has been declared as a person with intellectual disability by the Board;
- (d) is currently a designated nominated representative for more than one person, except in case of relatives;
- (e) is a mental health professional directly or indirectly involved in the care or treatment of the person with mental illness.
- (5) The nominated representative shall be appointed in writing and signed by the person appointed as the nominated representative, confirming his acceptance of the designation and that he is not disqualified under this Act.
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