A mental health care user must be provided with care, treatment and rehabilitation services without his or her consent at a health establishment on an outpatient or inpatient basis if –
| (a) |
an application in writing is made to the head of the health establishment concerned to obtain the necessary care, treatment and rehabilitation services and the application is granted; |
| (b) |
at the time of making the application, there is reasonable belief that the mental health care user has a mental illness of such a nature that – |
| (i) |
the user is likely to inflict serious harm to himself or herself or others; or |
| (ii) |
care, treatment and rehabilitation of the user is necessary for the protection of the financial interests or reputation of the user; and |
| (c) |
at the time of the application the mental health care user is incapable of making an informed decision on the need for the care, treatment and rehabilitation services and is unwilling to receive the care, treatment and rehabilitation required. |
Older Persons Act, 2006
