14. Appointment and revocation of nominated representative.—(1) Notwithstanding anything
contained in clause (c) of sub-section (1) of section 5, every person who is not a minor, shall have a
right to appoint a nominated representative.
(2) The nomination under sub-section (1) shall be made in writing on plain paper with the person's
signature or thumb impression of the person referred to in that sub-section.
(3) The person appointed as the nominated representative shall not be a minor, be competent to
discharge the duties or perform the functions assigned to him under this Act, and give his consent in
writing to the mental health professional to discharge his duties and perform the functions assigned to
him under this Act.
(4) Where no nominated representative is appointed by a person under sub-section (1), the following
persons for the purposes of this Act in the order of precedence shall be deemed to be the nominated
representative of a person with mental illness, namely:—
(a) the individual appointed as the nominated representative in the advance directive under
clause (c) of sub-section (1) of section 5; or
(b) a relative, or if not available or not willing to be the nominated representative of such person;
or
(c) a care-giver, or if not available or not willing to be the nominated representative of such
person; or
(d) a suitable person appointed as such by the concerned Board; or
(e) if no such person is available to be appointed as a nominated representative, the Board shall
appoint the Director, Department of Social Welfare, or his designated representative, as the
nominated representative of the person with mental illness:
Provided that a person representing an organisation registered under the Societies Registration Act,
1860 (21 of 1860) or any other law for the time being in force, working for persons with mental illness,
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may temporarily be engaged by the mental health professional to discharge the duties of a nominated
representative pending appointment of a nominated representative by the concerned Board.
(5) The representative of the organisation, referred to in the proviso to sub-section (4), may make a
written application to the medical officer in-charge of the mental health establishment or the psychiatrist
in-charge of the person's treatment, and such medical officer or psychiatrist, as the case may be, shall
accept him as the temporary nominated representative, pending appointment of a nominated
representative by the concerned Board.
(6) A person who has appointed any person as his nominated representative under this section may
revoke or alter such appointment at any time in accordance with the procedure laid down for making an
appointment of nominated representative under sub-section (1).
(7) The Board may, if it is of the opinion that it is in the interest of the person with mental illness to
do so, revoke an appointment made by it under this section, and appoint a different representative under
this section.
(8) The appointment of a nominated representative, or the inability of a person with mental illness to
appoint a nominated representative, shall not be construed as the lack of capacity of the person to take
decisions about his mental healthcare or treatment.
(9) All persons with mental illness shall have capacity to make mental healthcare or treatment
decisions but may require varying levels of support from their nominated representative to make
decisions.
15. Nominated representative of minor.—(1) Notwithstanding anything contained in section 14, in
case of minors, the legal guardian shall be their nominated representative, unless the concerned Board
orders otherwise under sub-section (2).
(2) Where on an application made to the concerned Board, by a mental health professional or any
other person acting in the best interest of the minor, and on evidence presented before it, the concerned
Board is of the opinion that,—
(a) the legal guardian is not acting in the best interests of the minor; or
(b) the legal guardian is otherwise not fit to act as the nominated representative of the minor,
it may appoint, any suitable individual who is willing to act as such, the nominated representative of the
minor with mental illness:
Provided that in case no individual is available for appointment as a nominated representative, the
Board shall appoint the Director in the Department of Social Welfare of the State in which such Board is
located, or his nominee, as the nominated representative of the minor with mental illness.
16. Revocation, alteration, etc., of nominated representative by Board.—The Board, on an
application made to it by the person with mental illness, or by a relative of such person, or by the
psychiatrist responsible for the care of such person, or by the medical officer in-charge of the mental
health establishment where the individual is admitted or proposed to be admitted, may revoke, alter or
modify the order made under clause (e) of sub-section (4) of section 14 or under sub-section (2) of
section 15.
17. Duties of nominated representative.—While fulfilling his duties under this Act, the nominated
representative shall—
(a) consider the current and past wishes, the life history, values, cultural background and the best
interests of the person with mental illness;
(b) give particular credence to the views of the person with mental illness to the extent that the
person understands the nature of the decisions under consideration;
(c) provide support to the person with mental illness in making treatment decisions under
section 89 or section 90;
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(d) have right to seek information on diagnosis and treatment to provide adequate support to the
person with mental illness;
(e) have access to the family or home based rehabilitation services as provided under clause (c) of
sub-section (4) of section 18 on behalf of and for the benefit of the person with mental illness;
(f) be involved in discharge planning under section 98;
(g) apply to the mental health establishment for admission under section 87 or section 89 or
section 90;
(h) apply to the concerned Board on behalf of the person with mental illness for discharge under
section 87 or section 89 or section 90;
(i) apply to the concerned Board against violation of rights of the person with mental illness in a
mental health establishment;
(j) appoint a suitable attendant under sub-section (5) or sub-section (6) of section 87;
(k) have the right to give or withhold consent for research under circumstances mentioned under
sub-section (3) of section 99.