Sometimes people with a disability, including mental illness, require assistance to make decisions. Supported decision making provides assistance to the person, enabling them to fully exercise their legal capacity. The United Nations Convention on the Rights of Persons with Disabilities 2006 and the Victorian Charter of Human Rights and Responsibilities 2006 encourages the use of supported decision making to ensure people with disabilities have access to basic human rights, freedoms, respect and dignity enjoyed by other people. Denying people the right to make decisions or restricting the type of decisions they make is potentially denying them their human rights. With supported decision making, mental health consumers are able to participate
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Regardless of supported decision making, there may be a time when a person’s capacity to make decisions for themselves is compromised. Substitute decision making occurs when decisions are made on their behalf by a person officially appointed by law. Safeguards are put in place to protect the person’s human rights, decision making ability, safety and quality of life. According to the Mental Health Act 2014 “persons receiving mental health services should be involved in all decisions about their assessment, treatment and recovery and be supported to make, or participate in, those decisions, and their views and preferences should be respected”. Victorian Charter of Human Rights and Responsibilities 2006 has influenced the recovery model used in mental health care in Victoria. The Mental Health Act 2014 has been legislated to provide a guide that will allow and support compulsory consumers to participate in decisions that will contribute to their treatment and pathways to recovery. The Mental Health Act 2014 includes the presumption of capacity to give informed consent, an advance statement to identify the consumer’s preferences, nominated persons to support the consumer and the right to a second …show more content…
Everyone has the right to make decisions about the things that affect them. It is presumed that people with disabilities, including mental illnesses are capable of decision making, however sometimes they require assistance making these decisions. Supporters of decision making are invaluable in assisting people with a disability to comprehend, consider and voice their decisions, and build on their decision making skills. The Mental Health Act 2014 promotes supported decision making for consumers, allowing them to have more choice when it comes down to their treatment. The Mental Health Act 2014 provides safeguards such as independent advocacy and the Mental Health Tribunal, this ensures consumers rights and dignity are respected. Reflecting on experience working in an inpatient mental health setting highlighted some tensions and benefits to implementing supported decision making principles. This proved how supported decision making can have a positive influence on the treatment outcomes of consumers. Putting the principles of supported decision making into practice ensures maximising of autonomy, retention of legal capacity and exercising
Regardless of supported decision making, there may be a time when a person’s capacity to make decisions for themselves is compromised. Substitute decision making occurs when decisions are made on their behalf by a person officially appointed by law. Safeguards are put in place to protect the person’s human rights, decision making ability, safety and quality of life. According to the Mental Health Act 2014 “persons receiving mental health services should be involved in all decisions about their assessment, treatment and recovery and be supported to make, or participate in, those decisions, and their views and preferences should be respected”. Victorian Charter of Human Rights and Responsibilities 2006 has influenced the recovery model used in mental health care in Victoria. The Mental Health Act 2014 has been legislated to provide a guide that will allow and support compulsory consumers to participate in decisions that will contribute to their treatment and pathways to recovery. The Mental Health Act 2014 includes the presumption of capacity to give informed consent, an advance statement to identify the consumer’s preferences, nominated persons to support the consumer and the right to a second …show more content…
Everyone has the right to make decisions about the things that affect them. It is presumed that people with disabilities, including mental illnesses are capable of decision making, however sometimes they require assistance making these decisions. Supporters of decision making are invaluable in assisting people with a disability to comprehend, consider and voice their decisions, and build on their decision making skills. The Mental Health Act 2014 promotes supported decision making for consumers, allowing them to have more choice when it comes down to their treatment. The Mental Health Act 2014 provides safeguards such as independent advocacy and the Mental Health Tribunal, this ensures consumers rights and dignity are respected. Reflecting on experience working in an inpatient mental health setting highlighted some tensions and benefits to implementing supported decision making principles. This proved how supported decision making can have a positive influence on the treatment outcomes of consumers. Putting the principles of supported decision making into practice ensures maximising of autonomy, retention of legal capacity and exercising