Appointing Someone on your Behalf

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 their 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 their 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 be²:

• Major (above 18 years of age)
• Competent to discharge their 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 their 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.

1. Section 17, the Mental Healthcare Act, 2017. [↩]
2. Section 14(3),  the Mental Healthcare Act, 2017. [↩]
3. Section 14(4),  the Mental Healthcare Act, 2017. [↩]