Mental Health Act 2007 No 8 Chapter 1 Preliminary 1 Name of Act 2 2 Commencement 2 3 Objects of Act 2 ... 21 Police assistance 13 22 Detention after apprehension by police 13 ... 56 Form and duration of community treatment orders 29 A physician shall promptly examine a voluntary patient who has been returned under subsection (1) to determine whether the patient's status should be changed to that of an involuntary patient under section 6. A peace officer may take any reasonable measures when acting under this section or section 9 or 11 or subsection 44(1) or 48(2), including entering any premises to take the person into custody. In the event of the death of a joint committee, the surviving committee may exercise all the powers that were granted jointly. Mental Health Court Informational Sheet (pdf) The Winnipeg Mental Health Court (MHC) is a weekly sitting of the Provincial Court of Manitoba, available only in Winnipeg at the present time. S.M. (c) makes a statement certifying his or her relationship to the patient and the facts mentioned in clauses (a) and (b). Powers of Public Guardian and Trustee as committee. (b) if there is no proxy, the patient's committee of both property and personal care appointed under subsection 75(2); (c) if there is no proxy or committee of both property and personal care, the patient's nearest relative; or. The review board shall give seven days written notice of the date, time and place of the hearing to the parties and the medical director, and to any person who in its opinion has a substantial interest in the application. 21(1) Shortly before an involuntary admission certificate or any renewal certificate expires, the attending psychiatrist shall examine the patient and assess his or her mental condition to determine if the requirements for involuntary admission under subsection 17(1) continue to be met. The Public Guardian and Trustee may request the assistance of a peace officer when taking action under this section, and the peace officer shall provide such assistance. A patient's nearest relative, other than the Public Guardian and Trustee, shall not make treatment decisions on the patient's behalf under subsection (1) unless he or she. An order appointing a committee under this section may, (a) be for a limited period as the court considers appropriate; and. Transfer of involuntary patient into Manitoba, When an involuntary patient is in a psychiatric facility in another jurisdiction, the director may in writing authorize the patient's transfer to a facility in Manitoba as an involuntary patient if the director is satisfied that, (a) Manitoba is responsible for the patient's hospitalization; or. Subject to subsection (4), a patient has a right, on request, to examine and receive a copy of his or her clinical record. In most cases when people are treated in hospital or another mental health facility, they have agreed or volunteered to be there. 2005, c. 24, s. 6; S.M. However other persons who Health Form 22 Mental Health Act 1. Subsection (1) does not apply if the committee is the Public Guardian and Trustee. Note: The Form 21 will act to remove the interest of the deceased joint tenant and also remain in the LR view as an additional enabling instrument for the remaining registered interest holder(s). (d) commence, continue, settle or defend any claim or legal proceeding that relates to the person. Determination to be made as of the day of the hearing. The review board must sit in panels of three members and each panel is to be composed of. Collaborative development of treatment plan, A leave certificate may be issued only if, (a) the patient, the patient's representative, if any, the patient's attending psychiatrist and other health professionals and persons involved in the patient's care or treatment, develop a treatment plan for the patient that will form the basis of the leave certificate; and. Powers of committee specifically conferred by court. Mental Health Act forms 1–27. In determining whether a person is mentally competent to consent to a voluntary admission under clause (1)(c), the psychiatrist shall consider whether the person understands the nature and purpose of admission and whether the person's condition affects his or her ability to appreciate the consequences of giving or withholding consent. (a) make any order that in its opinion ought to have been made; (b) quash, vary or confirm the order of the review board; (c) refer the matter back to the review board for further consideration in accordance with any direction of the court. Please note abbreviated form names are used in some cases in the table below. (ii) the physician shall cancel the certificate of incompetence filed under section 40 or the director shall cancel the order made under section 61. A quorum for a panel of the review board is the three members referred to in subsection (3). The period of leave under a certificate may not be more than six months but may, if the requirements of clauses (3)(a) and (b) and subsection (5) are met, be extended for additional periods of not more than six months each. • This form must be filled out by a physician, but does not need a Psychiatrist. Promptly on the patient's return, the attending psychiatrist shall examine the patient to determine whether. (ii) the research purpose cannot reasonably be accomplished unless the information is provided in a form that identifies or may identify the patient. (a) the patient's consent, if the patient is mentally competent; (b) the consent of the patient's guardian, if the patient is a minor who is not mentally competent; or. If the application is to review a physician's opinion that the patient is not mentally competent to make treatment decisions, the review board may cancel the certificate of incompetence filed under section 27, or may refuse to do so. (b) appointing a person other than the Public Guardian and Trustee as the committee under Part 9. (b) contain any other conditions that the court considers appropriate. (b) it has considered all the relevant circumstances, including whether or not the patient would now, given the circumstances, alter his or her expressed wishes if competent to do so. A medical director who receives an application under subsection 8(1) for an involuntary psychiatric assessment of a person shall ensure that a psychiatrist examines the person and assesses his or her mental condition. The Freedom of Information and Protection of Privacy Act and The Protecting and Supporting Children (Information Sharing) Act do not apply to a clinical record to which this Act applies. Information requested under subsection (1) shall be provided in the form and at the time required by the director. (b) deliver any property of the incapable person in his or her custody or under his or her control, and any relevant documents or information, to the incapable person's new committee of property or as directed by the court. Certificate of incapacity - incompetent to manage his or her financial affairs. If an incapable person dies, the committee of property shall, (a) provide an accounting to the executor under the incapable person's will or the administrator of his or her estate; and. Persons are connected by common-law relationship if one is the common-law partner of a person who is connected by blood relationship to the other. The director shall cancel an order appointing the Public Guardian and Trustee as committee under section 61 if the incapable person is residing in another jurisdiction and a physician licensed to practice medicine in that jurisdiction completes a statement acceptable to the director which indicates that the person is now capable of managing property and of personal care. Short title, extent and commencement. (c) that the person and his or her proxy and nearest relative may make a written objection to the director within seven days after receiving the notice. The review board shall inform itself fully of the facts concerning each application for which a hearing is held, and for this purpose it may require the attendance of witnesses and the production of documents in addition to the witnesses called and documents produced by the parties, and it has the powers of a commissioner appointed under Part V of The Manitoba Evidence Act. Evidence of Public Guardian and Trustee's committeeship. S.M. The director shall review each statement filed under subsection (1). A patient for whom a leave certificate is issued has the status of a voluntary patient. (g) is a lawyer who is acting for or has acted for a party opposite in interest to the person in any proceeding in which the person was a party. COURT ORDER FOR AN INVOLUNTARY MEDICAL EXAMINATION, Justice may order examination by a physician. A renewal certificate must be filed with the medical director and must contain the same information as an involuntary admission certificate under subsection 18(2). Money that has remained in the Public Guardian and Trustee's possession or control as committee of property for six years because, in his or her opinion, no person is entitled to it, must be paid over to the Minister of Finance to be paid into the Consolidated Fund. The Act also applies to individuals on leave from a facility as well as individuals under Orders of Committeeship living in the community.. 2016, c. 17, s. 14; S.M. Keep yourself safe. A certificate of incompetence continues in effect until the patient is discharged or until one of the following occurs: (a) the certificate is cancelled under section 43 or by the review board under Part 7; (b) the court makes an order under Part 9 appointing someone other than the Public Guardian and Trustee as the patient's committee; (c) in a case where the patient has given an enduring power of attorney, the Public Guardian and Trustee gives notice under subsection 67(5) that the person appointed as attorney may act under the power. (a) a person who is a committee of the estate of a person under the former Act is deemed to be a committee of property appointed under this Act; and. On receiving a certificate of incompetence, or on being notified by a physician that one is being sent, the Public Guardian and Trustee becomes committee of both property and personal care for the patient, unless the patient already has another committee appointed under this Act. People living in B.C. • The form 21 is an application for an “Order of … The powers granted by subsection (1) are subject to any restrictions or conditions imposed by the court. To assist the director in deciding whether to give notice of an intent to issue an order under subsection (6), the director may require any person with relevant information about the person who is the subject of the certificate of incapacity to provide that information to the director. 1998, c. 36 came into force by proclamation on October 29, 1999. When a person who has been declared incapable of managing his or her property in another province or territory of Canada has property in Manitoba, the court, upon application by the Public Guardian and Trustee, may appoint, as committee of the person's property in Manitoba, an official who is administering the person's property in that other province or territory. Form 1 Assessments Under the Mental Health Act Frequently Asked Questions. (c) has been the subject of a previous leave certificate. (b) each person mentioned in subclause (1)(a)(v) or (vi) who has not consented under clause (1)(c); (d) any other person the court requires to be served. The MHC offers pre-sentence intensive services and supports to persons whose criminal involvement is a direct result of their mental illness. • Triplicate Form 21 should be available at your clinic. Order cancelled if substitute decision maker appointed. As promptly as required in the circumstances but no later than 30 days after receiving a request, the medical director shall do one of the following: (a) make the requested correction by adding the correcting information to the clinical record in such a manner that it will be read with and form part of the record or be adequately cross-referenced to it; (b) inform the patient in writing if the clinical record no longer exists or cannot be found; (c) if the medical director does not maintain the clinical record, so inform the patient in writing and provide him or her with the name and address, if known, of the facility that maintains it; (d) inform the patient in writing of his or her refusal to correct the record as requested, the reason for the refusal, and the patient's right to add a statement of disagreement to the record. If a physician acting on a treatment decision makes reasonable inquiries within a 72-hour period for persons entitled to make the decision, that physician is not liable for failure to request the decision from the person entitled to make the decision on the patient's behalf. (ii) inform the patient of the failure or, if the patient is not mentally competent, inform the person authorized to make treatment decisions on the patient's behalf under subsection 28(1), (iii) inform the patient of the possible issuance of a cancellation certificate, which would result in the patient's return to the facility for assessment, and. (ii) following the patient's expressed wishes would endanger the physical or mental health or the safety of the patient or another person. TRANSITIONAL, CONSEQUENTIAL AMENDMENTS, REPEAL AND COMING INTO FORCE. (b) comply with the psychiatric treatment described in the certificate. (a) the facts on which the psychiatrist formed the opinion that the criteria set out in subsection (5) are met; (b) a description of the treatment or care and supervision to be provided to the patient; (c) a description of the patient's obligations under subsection (7); and, A patient for whom a leave certificate is issued shall, (a) attend appointments with the attending psychiatrist, or with any other health professional referred to in the certificate, at the times and places scheduled from time to time; and. (c) cannot be admitted as a voluntary patient because he or she refuses or is not mentally competent to consent to a voluntary admission. A committee of both property and personal care shall exercise the power to give or refuse consent to treatment or health care under clause 90(1)(b) in accordance with the incapable person's best interests as described in subsections 28(4) and (5). Except as provided in this Act, a patient of a facility has the right to consent to or refuse psychiatric and other medical treatment. On hearing the application, the court may make any order under this Act that it considers appropriate. (c) needs to be examined by a physician to determine if an application for an involuntary psychiatric assessment should be made under subsection 8(1). If the director is satisfied from a review of the certificate and any information provided under subsection (5) that a committee should be appointed, he or she shall inform the person who is the subject of the certificate of incapacity, and his or her proxy and nearest relative, of the following: (a) that the director intends to issue an order appointing the Public Guardian and Trustee as committee of both property and personal care; (b) what the effect of such an order will be; and. (a) has been in personal contact with the patient within the previous 12 months; (b) is willing to assume the responsibility for making treatment decisions; and. Mental Health Act. In considering whether a person needs decisions to be made on his or her behalf concerning personal care, the court shall have regard to whether the person has made a health care directive appointing a proxy. On receiving a statement under subsection (5), the medical director shall, if satisfied that the physician's opinion is supported by the reasons given, cancel the certificate and notify the patient and the person authorized to make treatment decisions on the patient's behalf under subsection 28(1) of the cancellation. On receiving a statement under subsection (1), the medical director shall, if satisfied that the physician's opinion is supported by the reasons given, cancel the certificate and notify the patient, the patient's nearest relative and the Public Guardian and Trustee of the cancellation. The Act aims to strike a balance between two sets of principles: the rights given to all citizens under The Canadian Charter of Rights … (a) authorize in writing the transfer of a patient from one facility to another; (b) interview relatives of patients and any other persons as to the history and circumstances of a patient or a person for whom a committee may be appointed under Part 8; (c) require any person to provide information to the director when the information is required for the purpose of carrying out the director's duties under this Act; (d) consult with any medical and other experts that he or she considers advisable concerning a patient or a person for whom a committee may be appointed under Part 8; (e) direct that a person be admitted to a facility when the requirements for admission under this Act are met; (f) delegate to any suitably qualified person any of the director's powers, duties or functions under this Act; and. The psychiatrist who makes the assessment must complete and file an involuntary admission certificate for the person in accordance with section 18. A patient is deemed to have the capacity to instruct counsel for the purpose of a hearing before the review board or the court under this Part. Guide to the Mental Health Act Forms All of the forms under the Mental Health Act are included in Appendix 16. Form 1 Application for Psychiatric Assessment . 2016, c. 17, s. 14; S.M. Note that there have been changes to Forms 7, 13 and 14 and that the revised forms are in Appendix 16. (b) the patient consents to its issuance and to the proposed treatment plan or, if the patient is not mentally competent to consent, if the person authorized to make treatment decisions on the patient's behalf under subsection 28(1) consents. Show previous versions A member of the review board is not eligible to sit on a panel of the review board for an application relating to a person if he or she. S.M. Coming into force. The Public Guardian and Trustee may, for a person for whom an order is issued under section 61. (c) disclosure of the record would reveal information about another person's health or health care history and the disclosure would be an unreasonable invasion of that person's privacy. (e) that the psychiatrist inquired carefully into the facts necessary to form the opinion. (b) deliver any property of the incapable person in his or her custody or under his or her control, and any relevant documents or information, to the executor or administrator. Each facility shall appoint a medical director for the facility and advise the director promptly of the appointment. The court shall not make an order appointing a committee for a person whose incapacity is due exclusively to a mental disability as defined in The Vulnerable Persons Living with a Mental Disability Act. Mental Health Act orders. Form 13: Option 2: Notification to Involuntary Patient of Rights Under the Mental Health Act (Print PDF, 60KB) 3514. A reference in this Act to the review board means a panel of the review board. A patient's attending psychiatrist may, by filing a cancellation certificate with the medical director, cancel a leave certificate if he or she believes on reasonable grounds that, (a) because of the patient's condition, the patient, (i) may constitute a danger to himself or herself or to another person, or, (ii) may suffer substantial mental or physical deterioration if he or she remains in the community; and, (b) the patient has failed to comply with the psychiatric treatment described in the leave certificate or failed to attend the required appointments after reasonable efforts have been made to. In making decisions about personal care, other than treatment or health care decisions under subsection (1), a committee of both property and personal care shall be guided by the following considerations: (b) the incapable person's values and beliefs, if the committee has no knowledge of the incapable person's wishes and has used reasonable diligence to ascertain whether there are such wishes; (c) the best interests of the incapable person, if, (i) the committee has no knowledge of the incapable person's wishes, values and beliefs, and has used reasonable diligence to ascertain whether there are such wishes, values or beliefs, or. An order under subsection (1) must not be issued for a voluntary patient unless there are reasonable and probable grounds for concern, documented by the facility's treatment staff, that the patient, (a) may constitute a danger to himself or herself or to another person; or. Exception for psychiatric treatment to prevent harm. A decision of a majority of the members of a panel is the decision of the review board. The attending physician of an involuntary patient shall change the patient's status to that of a voluntary patient if at any time he or she is of the opinion that the requirements for involuntary admission under subsection 17(1) are no longer met but the requirements for voluntary admission under section 4 are met. (ii) to a relative of the patient if the medical director is of the opinion that disclosure would not be an unreasonable invasion of the deceased patient's privacy and would not endanger the mental or physical health of another person; (n) to a lawyer acting on behalf of the facility or on behalf of a person on the staff of the facility. Subject to any terms and conditions imposed by the court, a committee of property shall make the following expenditures from the incapable person's property: (a) expenditures that are reasonably necessary for the incapable person's support, education and care; (b) expenditures that are reasonably necessary for the support, education and care of the incapable person's dependants; (c) expenditures that are necessary to satisfy the incapable person's other legal obligations. (a) the adult person listed first in the following clauses, relatives of the whole blood being preferred to relatives of the same description of the half-blood and the elder or eldest of two or more relatives described in any clause being preferred to the other of those relatives, regardless of gender: (b) the Public Guardian and Trustee, if there is no nearest relative within any description in clause (a) who is apparently mentally competent and available and willing to act on the patient's behalf; (« parent le plus proche »), "patient" means a person who is admitted to a facility as an in-patient, or is attending as an out-patient for diagnosis or treatment; (« malade »), "physician", except in section 69, means a physician who holds a valid certificate of practice issued by the College of Physicians and Surgeons of Manitoba under The Regulated Health Professions Act; (« médecin »). 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