Provided that such determination shall be subject to review by the Mental Health Review Board.

Advance directive

1. (1) Every person, who has attained the age of eighteen years, shall have the right to make an advance directive in writing, specifying—
   • (a) the way the person wishes to be cared for and treated for a mental illness;
   • (b) the way the person wishes not to be cared for and treated for a mental illness;
   • (c) the individual or individuals, if any, he wants to appoint as his nominated representative, in accordance with the provisions of section 14: Provided that a person who is currently, or who has previously been, receiving treatment for mental illness, shall have the same right to make an advance directive.
2. (2) An advance directive shall be—
   • (a) made in the manner as may be prescribed;
   • (b) signed by the person making it;
   • (c) witnessed by at least one medical practitioner and one other person: Provided that where the medical practitioner is not available or is not willing, it may be witnessed by any two other persons known to him.
3. (3) An advance directive, which is not in the prescribed manner, shall not be valid.
4. (4) An advance directive shall be binding on the mental health professional, unless such advance directive is, in the opinion of the Board, contrary to the provisions of this Act or the mental health professional feels that the advance directive is not sufficiently up to date.