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Section 4 Mental Healthcare Act 2017: Capacity to make mental healthcare & treatment decisions

Section 4 (Capacity to make mental healthcare and treatment decisions) under Chapter II (Mental Illness and Capacity to Make Mental Healthcare and Treatment Decisions) of the Mental Healthcare Act, 2017 —

❝(1) Every person, including a person with mental illness shall be deemed to have capacity to make decisions regarding his mental healthcare or treatment if such person has ability to—
 (a) understand the information that is relevant to take a decision on the treatment or admission or personal assistance; or
 (b) appreciate any reasonably foreseeable consequence of a decision or lack of decision on the treatment or admission or personal assistance; or
 (c) communicate the decision under sub-clause (a) by means of speech, expression, gesture or any other means.

(2) The information referred to in sub-section (1) shall be given to a person using simple language, which such person understands or in sign language or visual aids or any other means to enable him to understand the information.

(3) Where a person makes a decision regarding his mental healthcare or treatment which is perceived by others as inappropriate or wrong, that by itself, shall not mean that the person does not have the capacity to make mental healthcare or treatment decision, so long as the person has the capacity to make mental healthcare or treatment decision under sub-section (1).❞

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