Consumers’ Experiences of Mental Health Advance Statements

Chris Maylea, Ann Jorgensen, Sarah Matta, Katherine Ogilvie and Paul Wallin
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Chris Maylea: Centre for Social and Global Studies, RMIT University, Melbourne 3001, Australia
Ann Jorgensen: Mental Health Legal Centre, Melbourne 3053, Australia
Sarah Matta: Mental Health Legal Centre, Melbourne 3053, Australia
Katherine Ogilvie: Mental Health Legal Centre, Melbourne 3053, Australia
Paul Wallin: Mental Health Legal Centre, Melbourne 3053, Australia

Laws, 2018, vol. 7, issue 2, 1-16

Abstract: Mental health psychiatric advance directives, advance statements, and similar documents are designed to convey a person’s treatment preferences to their treating clinicians at times when, due to their mental health, their ability to communicate or make decisions might be impaired. This paper explores the current debates in the literature and presents the findings of a small qualitative study that explored the experiences of people who had completed advance statements in Victoria, Australia. Data was collected through interviews with participants and analysis of their advance statement. Participants completed their advance statements for two main reasons; to authorise future treatment or to limit the power of their treating team. Participants also included non-treatment preferences that were linked to their recovery and pragmatic considerations, such as contact details and dietary requirements. Participants who had used their advance statement reported a lack of acceptance or inclusion from clinicians. Further consideration of the legal enforceability of advance statements is necessary, and if they are to continue to lack legal force, much work remains to be done to support acceptance by clinicians.

Keywords: mental health; advance statements; psychiatric advance directives; Mental Health Act 2014; Victoria; Convention on the Rights of Persons with Disabilities (search for similar items in EconPapers)
JEL-codes: D78 E61 E62 F13 F42 F68 K0 K1 K2 K3 K4 (search for similar items in EconPapers)
Date: 2018
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