Making an Advance Directive

An advance directive is a legal document that specifies the healthcare decisions that should be taken for a person in case they are not capable of making such decisions. It comes into force when someone no longer has the capacity to make healthcare-related decisions. Once the person regains the ability to make mental healthcare decisions, then the advance directive ceases to be operational.

The document has to include¹:

• Directions for treatment
• Name of nominated representative 

Only major persons  (those who have completed 18 years of age) can make this document. Please note that any decision taken by a person (when they have the ability to make such decisions) will override the advance directive². However, if a person requires emergency treatment³then the directions in the advance directive need not be followed. For example, the advance directive does not apply in suicide cases.

To make the document, you should approach an NGO which works in this field or a lawyer, who will be able to help you out.

1. Section 5(1), the Mental Healthcare Act, 2017. [↩]
2. Section 5(4), the Mental Healthcare Act, 2017. [↩]
3. Section 9, the Mental Healthcare Act, 2017. [↩]