Psychiatry · Mental Healthcare Act 2017, Capacity and Forensic Assessment

Under the Mental Healthcare Act 2017, if an unmarried adult with mental illness lacks capacity and has not made an Advance Directive, who is the default Nominated Representative?

  • A The treating psychiatrist
  • B An adult offspring
  • C The district magistrate
  • D The natural caregiver
Correct answer: D. The natural caregiver

Explanation

The Mental Healthcare Act 2017 establishes a hierarchy for the Nominated Representative when a person lacks capacity. For a married adult, the spouse is the default. For an unmarried adult, the default is the natural caregiver. The treating psychiatrist is explicitly barred from being a Nominated Representative to avoid conflicts of interest.

Reference: Mental Healthcare Act 2017, Bare Act ed.

High-yield for: NEET PGINI-CETNExTFMGEUSMLEPLABMRCP

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