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Communtity Law Manual | Mental health | The role of family/whānau in compulsory assessment and treatment

The role of family/whānau in compulsory assessment and treatment

Overview

Consultation with family and whānau

Mental Health (Compulsory Assessment and Treatment) Act 1992, ss 7A, 9

The responsible clinician must consult with your family or whānau during the compulsory assessment and treatment process, unless:

  • this is not reasonably practical
  • this is not in your best interests.

Where an application for assessment is made, the purpose of the assessment needs to be explained to you (the proposed patient) in the presence of a family member, caregiver or other person concerned with their welfare.

What if I don’t want my family/whānau to be consulted?

Mental Health (Compulsory Assessment and Treatment) Act 1992, s 7A

A responsible clinician must consult with you as the patient before consulting with your family and whānau. You may not want their family or whānau to be consulted, but the responsible clinician can still consult with the family or whānau if they believe this would be in your best interests.

Note: Family or whānau is not limited just to blood relationships and could include friends, people in the patient’s support network or other people who are an important part of their life.

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