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Mental Health Care Act, 2002 (Act No. 17 of 2002)

Chapter V : Voluntary, assisted and involuntary Mental Health Care

38. Recovery of capacity of involuntary mental health care users to make informed decisions

 

(1) If the head of a health establishment is of the opinion from personal observation, information obtained or on receipt of representations by the user, that an involuntary mental health care user is capable of making informed decisions, he or she must enquire from the user whether the user is willing to voluntarily continue with the care, treatment and rehabilitation services.

 

(2) If the involuntary mental health care user consents to further care, treatment and rehabilitation services, section 25 applies.

 

(3) If the involuntary mental health care user is unwilling to continue with care, treatment and rehabilitation services and the head of the health establishment is satisfied that the user no longer has a mental illness as referred to in section 32(b), the head of the health establishment concerned must immediately cause the user to be discharged according to accepted clinical practices.