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Under the Mental Health (Amendment) Bill 1997, the definition of "mental disorder" will be redefined so that persons with only a mental handicap will be excluded. A new definition of "mental handicap" will also be introduced.
In addition, mentally disordered or mentally handicapped persons will be referred as "mentally incapacitated persons" under the Bill.
Another proposal is to set up a separate and independent Guardianship Board to improve the existing arrangements for guardianship of adult mentally incapacitated
persons.
"At present, the Director of Social Welfare plays various roles in relation to applications for guardianship, i.e. he makes assessment and grants approval on the applications, and he can even be the applicant himself," the spokesman said.
"It is therefore proposed that in the interests of impartiality, the Guardianship Board will take over the functions and duties of the Director of Social Welfare as the approval authority."
The Board may confer on guardians more legal powers for the protection and well-being of mentally incapacitated persons. For example, guardians may be empowered to give consent for medical or dental treatment on behalf of the mentally incapacitated persons if the latter are incapable of so doing.
The Bill further empowers a doctor or a dentist to administer treatment without consent in the event of an emergency or where it is necessary and in the best interests of the mentally incapacitated person to receive the treatment. For special treatment, i.e. treatment of an irreversible or controversial nature, consent from the High Court will be required.
The powers of the High Court in handling cases in respect of management of property and affairs of mentally incapacitated persons and the relevant application procedures are also more clearly stated in the Bill.
The Mental Health (Amendment) Bill 1997 will be gazetted on January 24 and introduced into the Legislative Council on January 29.
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