Diamonds Act, 1986
R 385
Mental Health Care Act, 2002 (Act No. 17 of 2002)Chapter V : Voluntary, assisted and involuntary Mental Health Care31. Recovery of capacity of assisted mental health care users to make informed decisions |
| (1) | If the head of a health establishment, at any stage after approving an application for assisted care, treatment and rehabilitation services, has reason to believe from personal observation, from information obtained or on receipt of representations by the user that an assisted mental health care user has recovered the capacity to make informed decisions, he or she must enquire from the user whether the user is willing to voluntarily continue with care, treatment and rehabilitation services. |
| (2) | If the assisted mental health care user consents to further care, treatment and rehabilitation services, section 25 applies. |
| (3) | If the assisted 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 is – |
| (a) | no longer suffering from the mental illness or mental disability referred to in section 26(b), the head of the health establishment concerned must immediately cause the user to be discharged according to accepted clinical practices ; or |
| (b) | still suffering from the mental illness or mental disability referred to in section 26(b), the head of the health establishment concerned must, in writing, inform the – |
| (i) | person who made the application in terms of section 27; and |
| (ii) | mental health care practitioner, registered social worker or nurse administering care, treatment and rehabilitation services to that mental health care user. |
| (4) | The head of the health establishment must advise the persons referred to in subsection (3)(b) that they may make an application within 30 days of receipt of such report to the head of the relevant health establishment to provide involuntary care , treatment and rehabilitation services to the user and that sections 32 and 33 apply. |
| (5) | If the application is not made within 30 days, the assisted mental health care user must be discharged. |
