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Section 5 of the Mental Healthcare Act 2017: Advance Directive

Section 5 (Advance directive) under Chapter III (Advance Directive) of the Mental Healthcare Act, 2017 —

❝(1) Every person, who is not a minor, shall have a right to make an advance directive in writing, specifying any or all of the following, namely:—
 (a) the way the person wishes to be cared for and treated for a mental illness;
 (b) the way the person wishes not to be cared for and treated for a mental illness;
(c) the individual or individuals, in order of precedence, he wants to appoint as his nominated representative as provided under section 14.

(2) An advance directive under sub-section (1) may be made by a person irrespective of his past mental illness or treatment for the same.

(3) An advance directive made under sub-section (1), shall be invoked only when such person ceases to have capacity to make mental healthcare or treatment decisions and shall remain effective until such person regains capacity to make mental healthcare or treatment decisions.

(4) Any decision made by a person while he has the capacity to make mental healthcare and treatment decisions shall over-ride any previously written advance directive by such person.

(5) Any advance directive made contrary to any law for the time being in force shall be ab initio void.❞

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