Under the Mental Healthcare Act (MHCA) 2017 of India, which of the following statements about the right to make an Advance Directive is CORRECT?

• A An Advance Directive is valid only if the person has been diagnosed with a mental illness for at least 5 years
• B A person can specify in an Advance Directive the treatment they wish to receive or refuse during a future mental health crisis, and it must be honoured by the treating physician ✓
• C Advance Directives under MHCA 2017 can be overridden by the treating psychiatrist without any formal procedure
• D Advance Directives require registration with the Medical Council of India to be valid

Explanation

MHCA 2017, Sections 5–11, establishes the right of a person with mental illness to create an Advance Directive specifying the treatments they consent to or refuse during a future mental health crisis when they lack capacity. The treating physician must review and honour the directive unless it violates professional ethics or applicable law. Advance Directives must be registered with the District Mental Health Board (not MCI). They can be revoked by the individual during a competent period. The Act represents a paradigm shift from custodial to rights-based care, in line with UNCRPD principles.

Reference: Kaplan & Sadock's Synopsis of Psychiatry, 11th ed.

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Written and medically reviewed by the StethoPrep medical team.