Mental Health Act · 2023 Revised Edition · Part · General
65. Giving of consent for surgery etc.
Official textFrom Attorney General's Chambers, unchanged
Where a mentally disordered person is required to undergo life-sustaining medical and surgical procedures, psychosurgery or electroconvulsive therapy, consent for any of them may be given if —
mentally disordered person
“mentally disordered person” means a person who suffers from a mental disorder;
he is capable of giving consent as assessed by a psychiatrist, by the patient himself;
the patient is incapable of giving consent —
in the case of a minor, by his guardian; or
in the case of an adult, by a relative;
his guardian or relative is not available or not traceable and the patient himself is incapable of giving consent, by two psychiatrists, one of whom shall be the attending psychiatrist.
In the case of an emergency, consent for major medical and surgical procedures or electroconvulsive therapy may be given —
by the guardian or a relative of the patient; or
if his guardian or relative is not immediately available or not traceable, by two medical practitioners, one of whom shall be a psychiatrist.
In determining whether or not a mentally disordered person is capable of giving consent under subsection (1)(a), the examining psychiatrist shall consider whether or not the patient understands —
psychiatrist
“psychiatrist” means a medical practitioner with such qualifications, training and experience in psychiatry as the Director-General may recognise;
the condition for which the treatment is proposed;
the nature and purpose of the treatment;
the risks involved in undergoing the treatment;
the risks involved in not undergoing the treatment; and
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whether or not his ability to consent is affected by his condition.
Notwithstanding subsections (1) and (2), the requirement for consent does not apply where the patient is facing a life threating situation that necessitates intervention.
Terms defined in s 2
guardian
Defined · s 2“guardian”, in relation to a minor, means — (a) the parent or parents of the minor; (b) a person lawfully appointed by will or by an order of a court to be the guardian of the minor; or (c) a person who has lawful custody of the minor;
mentally disordered person
Defined · s 2“mentally disordered person” means a person who suffers from a mental disorder;
psychiatrist
Defined · s 2“psychiatrist” means a medical practitioner with such qualifications, training and experience in psychiatry as the Director-General may recognise;
relative
Defined · s 2“relative” means any of the following persons of or above 18 years of age — (a) husband or wife; (b) son or daughter; (c) father or mother; (d) brother or sister; (e) grandparent; (f) grandchild; (g) maternal or paternal uncle or aunt; (h) nephew or niece;