MENTAL HEALTH CARE ACT, 2017

Advance Directive, Nominated Representative and Capacity Assessment

Abstract

The Mental Health Care Act, 2017 ensures the rights of the patients with mental illness. Patients, when they are in sound mind with full capacity to make their own decision about their illness and their treatment, can  make their decision about their future care when they become unwell and that process of advance decision making is called the Advance directive. Mental health care act 2017 has given that provision to the patients to safeguard their own rights while availing their mental health care treatment. MCA also has introduced a concept called Nominated representative who will take the treatment decisions on behalf of patients when the patients lose capacity to make their own decisions about their treatment due to the severity of their illness. Psychiatrists need to have their skill updated to do capacity assessment for the patient in order to ensure patients rights are protected as per MCA when they lack capacity to make decisions. 

This article gives detailed descriptions and practical guidance about advance directive, Nominated representative and the principles and methods of capacity assessment. By integrating these three provisions, the Mental Healthcare Act, 2017 promotes patient-centred, rights-based, and ethically sound mental healthcare. A clear understanding of these concepts is essential for mental health professionals, social workers, nurses, psychologists, students, and caregivers to ensure legally compliant and person-centred mental healthcare practice.