New Form & Electronic Recording – Advance Health Directives for Mental Illness!

New Form & Electronic Recording – Advance Health Directives for Mental Illness!

The new Mental Health Act 2016 ( the ‘Act’) came into operation in Queensland on 5 March 2017. One of the initiatives under the Act is the Advance Health Directive for Mental Health.

The aim of this form is to allow people to record their views, wishes and preference in relation to the treatments they would prefer for their mental illness and the arrangements they would like made for them when they are unwell and unable to make decisions for themselves.

The form is quite different to the current Advance Health Directive in Form 4 which deals with general health matters.  An Advance Health Directive for Mental Health will revoke a previous Advance Health Directive to the extent that the documents deal with the same matter. It is also possible for a person to appoint an attorney to make decisions for them when they are unable to do so.

It is very important that the form is completed with the person’s psychiatrist or another doctor with a good understanding of the person’s mental health issues.

Another initiative under the Act is an electronic record system to be established and maintained by the Chief Psychiatrist of Queensland to record not only whether a patient has an Advance Health Directive but also as to whether they have an Enduring Power of Attorney for personal matters.

To read more click on the link: Advance_Directives.

To contact  CRH Law  for more information or to access their services go to  or click here>>

The thoughts of this blog are of the individual writer and not necessarily those of the Nurses for Nurses Network. To read our full disclaimer click here >>

Authored by: Brian Herd

Brian is a partner in the firm and has been a lawyer since 1983. He is recognised as one of Australia’s leading experts in the areas of elder law, retirement, disability and aged care. Brian has extensive experience in life planning for older people and the legal issues impacting on them including making Wills, administering estates, disputes over Wills, superannuation, social security, retirement villages and aged care, incapacity, the Guardianship Regime, the loss of a spouse or the ‘suddenly single syndrome’, planning for disabled children, elder abuse, enduring powers of attorney, advance health directives, family agreements and disputes and mediation. His expertise also extends to the structuring of business affairs and advising on the impact of the transfer of interests in family businesses including trusts and family companies. As a passionate believer in the crucial role of charitable and community organisations, he also spends a significant amount of his time advising the not for profit and community sectors on Board governance, restructuring and constitutional review, mergers and acquisitions, legal compliance and risk management especially in the aged care, retirement and disability sectors. Brian is a popular presenter in public forums on elder law issues and is also regularly invited to address the changing legal dynamics and needs of the aged care and disability sectors at industry conferences. In 2014, for the second year in a row, Brian was named one of Australia’s best lawyers in Retirement Villages and Senior Living Law. Qualifications, Memberships and Other Contributions: •Bachelor of Arts – University of Queensland •Bachelor of Laws (Hons) – University of Queensland •Deputy Chair – Queensland Law Society’s Elder Law Committee •Former part time member – Queensland Law Reform Commission •International member – National Academy of Elder Law Attorneys of America •Member – Queensland Law Society •Approved Facilitator for Corporate Governance – Aged Care Standards and Accreditation Agency •Member – QPAC Choir •Adjunct Lecturer – Griffith University

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