Under the Mental Healthcare Act (MHCA) 2017, an independent patient with a mental illness who wishes to leave a mental health establishment against medical advice requests discharge. The medical officer determines the patient lacks the capacity to make this decision. What is the appropriate legal procedure?
- A The patient must be discharged as an independent patient cannot be detained against their will
- B The nominated representative must consent to the discharge before it can be authorized
- C The patient must be converted to an involuntary admission under Section 89 and reviewed by the Mental Health Review Board ✓
- D The patient must be transferred to a general hospital psychiatric unit for further observation
Correct answer: C. The patient must be converted to an involuntary admission under Section 89 and reviewed by the Mental Health Review Board
Explanation
Under MHCA 2017, if an independent patient requests discharge but lacks the capacity to make that decision, they cannot simply be released. The medical officer must convert them to an involuntary admission under Section 89. This conversion requires review by the Mental Health Review Board to safeguard the patient's rights and ensure ongoing treatment is necessary. Option A is incorrect because capacity assessment overrides the independent status when risk is present.
Reference: Mental Healthcare Act 2017, 1st ed.
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