Brian Herd

Brian Herd

Guest Blogger at See Full Details
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 Herd

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.

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