Psychiatry · Mental Healthcare Act 2017, Capacity and Forensic Assessment

Under the Mental Healthcare Act (MHCA) 2017, which statement CORRECTLY describes Advance Directive provisions?

  • A A person with mental illness may make an Advance Directive specifying how they wish to be treated or not treated during a mental health crisis when they lack capacity
  • B Advance Directives apply only to patients already involuntarily admitted
  • C Advance Directives under MHCA 2017 require court approval before implementation
  • D Advance Directives allow refusal of emergency life-saving treatment
Correct answer: A. A person with mental illness may make an Advance Directive specifying how they wish to be treated or not treated during a mental health crisis when they lack capacity

Explanation

Under MHCA 2017, any person may make an Advance Directive stipulating their treatment preferences for future episodes when they lack decision-making capacity. It must be signed by two witnesses and a nominated representative. The Advance Directive is binding on mental health professionals unless it endangers the person or others. It cannot override emergency treatment for life-threatening conditions (Section 5, MHCA 2017).

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

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