RE: SENIOR CITIZEN APPEAL (COVID CRISIS AND SCHIZOPHRENIC SON)

688 votes

Hello sir. I have perused your legal query. The Mental Healthcare Act, 2017 is now the leading legislation as far as the provision of healthcare services to persons with mental illness is concerned. I’ll be exercising brevity in answering your query and the rest can be discussed once you decide to have a more detailed conference. The Act deals with the availing of mental health services by an independent patient capable of making his own decisions, a minor and a non-independent admission. The latter as per the provisions of section 89 includes persons who has threatened or attempted bodily harm/ has recently behaved violently towards another person or is causing such person to fear bodily harm/ has recently shown an inability to take care of himself. In such cases a nominated representative (a guardian/relative in the absence of nomination) may make an application to the medical officer of the establishment in question provided he has been examined by 2 medical practitioners, one being a psychiatrist who can affirm the severity of the illness on the day of the admission or the preceding seven days. Usually such admission to a mental healthcare facility is restricted to thirty days but can be extended for further periods of one hundred eighty days each time once the Mental Health Review Board has been notified and such an extension confirmed. It is pertinent to note that the process of affirmation by two medical practitioners has to be repeated during each such extension. To answer your query in simpler terms, an order for life long admission cannot be made. However, the procedure stated does suit your current situation and can be availed by your father. As per the provisions of section 19 of the same Act, abandonment of a person with mental illness is not specifically prohibited but an order may be passed to facilitate the exercise of his right to reside with the family. So do keep that in mind before any such step os taken. I hope this answers your doubts as far as possible. For any further information do feel free to reach out to me.

LawRato LawRato

966 votes

As per section 20 of mental health act 1987 , you or your father can make an application before the magistrate who comes under the jurisdiction where the psychiatric hospital is located for passing of reception order. Application should contain information required by the act. A magistrate can decide the said application and either admit it or reject it as per evidence available. The magistrate can order for further enquiry regarding the same.

Advocate Shivam Sharma LawRato

684 votes

An application has to be filed in the Magistrate court where your brother resides for the reception order. Under the Mental Healthcare Act 2017, the person is committed initially for a period of 10 days in a mental health hospital. Additionally, a long term solution is also to apply for a certificate of disability under the Rights of Persons with Disability Rules 2017.

Advocate Prashant Vaxish LawRato