A nominated representative is a person who is appointed by a person with mental illness to discharge the following duties1:
- Consider the wishes, life history, values, cultural background and the best interests of the person with mental illness, and give importance to his views regarding such decisions.
- Provide support to the person with mental illness in making treatment decisions.
- Seek information on diagnosis and treatment to provide adequate support to the person with mental illness.
- Have access to the family/home-based rehabilitation services with respect to the person with mental illness.
- Be involved in discharge planning. This includes, discharge back into the community or transfer of his care to a new psychiatrist/mental health establishment.
- Apply to the mental health establishment for admission of the person with mental illness.
- Apply to the concerned Mental Health Review Board on behalf of the person with mental illness for discharge or to complain regarding any violation of rights.
- In case of the admission of a minor in the mental health establishment, appoint a suitable attendant who will stay with the minor.
- Have the right to give/withhold consent for research that can be conducted on the person with mental illness.
Criteria for Appointment of a Nominated Representative
To appoint a nominated representative, a person should be: 2:
- Major (above 18 years of age)
- Competent to discharge his duties
- Able to give written consent to being the nominated representative. However, the respective mental health professional should get this in writing.
Order of Appointment of a Nominated Representative
If you are a person with mental illness, you can yourself appoint a nominated representative. However, if you do not appoint a nominated representative, then the following people shall be considered as your nominated representative (in this order from first to last): 3:
- The individual appointed as a nominated representative in the advance directive
- A relative
- A caregiver
- A person appointed by the Mental Health Review Board
- The Director of the Department of Social Welfare, or his designated representative
Additionally, to appoint a nominated representative, you should approach an NGO which works in this field or a lawyer, who will be able to help you out.0
- Section 17, the Mental Healthcare Act, 2017.
- Section 14(3), the Mental Healthcare Act, 2017.
- Section 14(4), the Mental Healthcare Act, 2017.