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What are the conditions of getting custodianship
16-Jun-2023 (In Family Law)
Hello, I have following two questions. 1) I understand the new mental health bill also allows a person to nominate a custodian in case he suffers from mental health challenge in the future , allowing that person to take decisions on the patients behalf. So in the case I appoint a friend as my future custodian in case of any future mental disability, would that override any claim my family members can make to get my custodianship then. 2) Does the new law protects the legal rights of such a mentally challenged person? Can a mentally challenged person use all civil and criminal rights in law.
Hi
In view of New Mental Health Care Act, 2017 a specific Chapter V has been added which deals with rights of persons with mental illness. section 18 to 28 discusses the various rights available to mentally ill person such as Right to
access mental healthcare, Right to community living, Right to protection from cruel, inhuman and degrading treatment, Right to equality and non- discrimination, Right to access medical records, Right to personal contacts and communication, Right to legal aid, Right to make complaints about deficiencies in provision of services etc.. So broadly above mentioned rights are available to the mentally ill person .
As regards to nomination of Custodian Chapter IV of the act deals with same . So if a person nominates his/her friend or any other person than he shall have entire power of decision making regarding the treatment to be given to mentally ill person. Family members would not be in position to contest the same by virtue of being family members. Only in exceptional situation mental health board can overrule the decision of nominated representative.
In view of New Mental Health Care Act, 2017 a specific Chapter V has been added which deals with rights of persons with mental illness. section 18 to 28 discusses the various rights available to mentally ill person such as Right to
access mental healthcare, Right to community living, Right to protection from cruel, inhuman and degrading treatment, Right to equality and non- discrimination, Right to access medical records, Right to personal contacts and communication, Right to legal aid, Right to make complaints about deficiencies in provision of services etc.. So broadly above mentioned rights are available to the mentally ill person .
As regards to nomination of Custodian Chapter IV of the act deals with same . So if a person nominates his/her friend or any other person than he shall have entire power of decision making regarding the treatment to be given to mentally ill person. Family members would not be in position to contest the same by virtue of being family members. Only in exceptional situation mental health board can overrule the decision of nominated representative.
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Adv. Siddhant Sharma
Delhi | 500+ Answers
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You have to file application in district court under appropriate law cxxxxxxxxx cxxxxxxxccccccccccccccccccccxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxcccccccccccccxxxxxxxxxxxxxx
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Adv. Kapil Rathor
Pune | 25+ Answers
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