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[Cites 0, Cited by 1] [Section 11] [Entire Act]

Union of India - Subsection

Section 11(2) in The Mental Healthcare Act, 2017

(2)Upon receipt of the application under sub-section (1), the Board shall, after giving an opportunity of hearing to all concerned parties (including the person whose advance directive is in question), either uphold, modify, alter or cancel the advance directive after taking into consideration the following, namely:-
(a)whether the advance directive was made by the person out of his own free will and free from force, undue influence or coercion; or
(b)whether the person intended the advance directive to apply to the present circumstances, which may be different from those anticipated; or
(c)whether the person was sufficiently well informed to make the decision; or
(d)whether the person had capacity to make decisions relating to his mental healthcare or treatment when such advanced directive was made; or
(e)whether the content of the advance directive is contrary to other laws or constitutional provisions.