Mental Health and Wellbeing Act 2022
58Making an advance statement of preferences
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58 Making an advance statement of preferences
(1) An advance statement of preferences may be made at any time.
(2) An advance statement of preferences must—
(a) be signed and dated by the person making it; and
(b) specify any or all of the following in relation to the person making it—
(i) their preferences relating to treatment;
(ii) their preferences relating to care and support including appropriate supports to assist them to communicate and participate in decision making;
(iii) their preferences as to whom may be provided with their health information;
(iv) the name and contact details of their nominated support person or advocate;
(v) the name and contact details of any person or organisation to be informed that the person is a patient; and
See also section 33.
(d) include a statement signed by the witness stating that—
(i) in the witness' opinion, the person making the statement understands what it is, the consequences of making it and how to revoke it; and
(ii) in the witness' opinion, the person making the statement appears to have done so of their own free will; and
(iii) the witness observed the person making the statement sign it; and
(iv) the witness is an adult; and
(3) An advance statement of preferences is in effect from the time it is made until it is revoked.