The Mental Healthcare Act provides a specific framework for an advance directive, allowing a person to record wishes about future mental healthcare subject to prescribed requirements. It is not a substitute for a will dealing with property.
Understand the law and procedure
An advance directive may include treatment preferences and instructions concerning a nominated representative, but its validity, form and procedure for taking effect must be checked under the law and applicable rules. It is not a universal document that applies in the same way to every medical emergency. The person's current decision-making capacity, emergency provisions and review mechanisms are important. A family member should not simply write a document and assume that it reflects the person's wishes. The role of a nominated representative and a property/financial power of attorney are separate concepts.
In detail: What factors may affect the outcome?
The directive should be prepared with understanding and of the person's own free will. Discuss its practical implications with the treating professional, then complete the required procedure. It is useful to decide where copies will be kept and how they will be made available to the provider when needed. If wishes change, follow the prescribed process for updating or revoking the directive so that old and new instructions do not conflict.
What should you do?
- Understand the requirements for an advance directive under the Act and the applicable local procedure.
- Make informed choices about treatment preferences and the representative.
- Complete the prescribed documentation and arrangements for storage and review/update.
What documents should you keep?
Keep the directive, required acknowledgements, representative details and subsequent revisions safely.
Hypothetical example
A person recorded preferences for their mental healthcare, but the family understood this as granting full authority to manage the person's property. These are separate rights; a healthcare directive does not automatically confer control over financial property.
Can this document prevent all emergency medical decisions?
No. Applicable emergency exceptions, capacity and statutory review provisions have separate significance.
Sources and related rules
Editorial review: 26 October 2026. This is general legal information. The outcome may vary depending on the facts of the case, applicable state law and subsequent amendments.