(1) For this Act, there is a
"less restrictive way" for a person to receive treatment and care for the
person’s mental illness if, instead of receiving involuntary treatment and
care, the person is able to receive the treatment and care that is reasonably
necessary for the person’s mental illness in 1 of the following ways—
(a)
if the person is a minor—with the consent of the minor’s parent;
(b) if
the person has made an advance health directive—under the advance health
directive;
(c) if a personal guardian has been appointed for the
person—with the consent of the personal guardian;
(d) if an attorney has
been appointed by the person—with the consent of the attorney;
Examples of when there may not be a less restrictive way for a person to
receive the treatment and care that is reasonably necessary for the person’s
mental illness—
1 An advance health directive does not cover the matters
that are clinically relevant or appropriate for the person’s treatment and
care.
2 An advance health directive does not authorise the administration of
the medications that are clinically necessary for the person’s treatment and
care.
3 An attorney does not consent to the administration of the medications
that are clinically necessary for the person’s treatment and care.
(2) In
deciding whether there is a less restrictive way for a person to receive the
treatment and care that is reasonably necessary for the person’s
mental illness, a person performing a function or exercising a power under
this Act must—
(a) consider the ways mentioned in subsection (1) in the
listed order set out in the subsection; and
(b) comply with the policy that
must be made by the chief psychiatrist under section 305(1) (a) about when it
may not be appropriate for a person to receive treatment and care for the
person’s mental illness under an advance health directive or with the
consent of a personal guardian, attorney or statutory health attorney for the
person.