section 4
Capacity to make mental healthcare and treatment decisions
The Mental Healthcare Act, 2017Health2017126 sections
Statutory text
- (1) Every person, who has attained the age of eighteen years, shall have the capacity to make mental healthcare and treatment decisions unless he is determined otherwise under this section.
- (2) A person who has been treated for mental illness shall be presumed to have the capacity to make mental healthcare and treatment decisions unless determined otherwise.
- (3) A person with mental illness shall be presumed to have the capacity to make mental healthcare and treatment decisions if he is able to—
- (a) understand the information that is given to him;
- (b) appreciate the information to the extent that it is relevant to his condition;
- (c) appreciate the reasonably foreseeable consequences of a decision or lack of decision;
- (d) communicate his decision by means of speech, expression, gesture or any other means.
- (4) A person may have the capacity to make some decisions and may not have the capacity to make other decisions.
- (5) The capacity of a person to make mental healthcare and treatment decisions may change from time to time.
- (6) A person shall not be treated as lacking capacity to make mental healthcare and treatment decisions merely because he makes a decision that may be considered unwise by others.
- (7) A person who is determined not to have the capacity to make mental healthcare and treatment decisions shall be provided with the support and assistance to make such decisions, by his nominated representative, in accordance with the provisions of this Act.
- (8) Any determination that a person does not have the capacity to make mental healthcare and treatment decisions shall be made by a mental health professional in charge of the care of the person:
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