This page explains:
Home Patients & Families For Patients Patient Rights & Forms
Know Your Rights
Patients have the right to:
Know What is Happening
Ask Questions
Speak to a Rights Adviser
Appeal Decisions
Rights Advisers can explain your rights while you are under a Mental Health Act form. They can also help you understand your forms and apply for a hearing if you disagree with a decision.
How to speak to a Rights Advisor:
A Rights Adviser will meet with you in the hospital.
You can also ask your care team to help you contact a Rights Adviser if you have questions about your rights.
Rights Advisers are independent from the hospital, and their service is free and confidential.
Consent and Capacity
Consent and capacity help determine who can make decisions about a person’s treatment and care.
What is Consent?
Consent means you can:
- Say yes or no to treatment or care
- Make a decision after being given information
What is Capacity?
Capacity means you can:
- Understand information you are being given
- Make your own decisions about treatment or care
Substitute Decision Maker
If someone is not deemed capable, a Substitute Decision-Maker (SDM) makes decisions for them.
This person:
- Follows rules set by law
- Makes decisions in the patient’s best interest
Consent and Capacity Board (CCB)
The CCB is an administrative tribunal under the Ministry of Health that reviews decisions.
You can ask for a hearing if you disagree with:
- Being held involuntarily hospital
- A finding that you are not capable
- A treatment plan
The Mental Health Act
The Mental Health Act is a law that explains when a person can stay in hospital voluntarily or without choosing to stay. It also covers care in the community through Community Treatment Orders (CTOs) and protects the rights of people receiving mental health care.
Mental Health Act Forms
Doctors use forms to make sure patients get care safely and legally.
The following are common forms a patient may be held under at Waypoint:
Form 1
Doctor asks for a mental health assessment
A Form 1 lets a doctor ask for a person to have a mental health assessment in a hospital. It is used when there are legal reasons to believe the person needs to be assessed.
A Form 42 tells a person that a doctor has signed a Form 1. It explains that the person is being held in hospital for a mental health assessment.
Form 3
Person must stay in hospital (involuntary)
A Form 3 means a person must stay in hospital for mental health care. A doctor uses this form when the person meets the legal rules for being kept in hospital.
A Form 30 tells a person that a doctor has signed a Form 3. It explains that the person must stay in hospital because they have been admitted as an involuntary patient.
Form 4
Says a person must stay in hospital for longer (involuntary)
A Form 4 lets a doctor extend a person’s stay in hospital when they still meet the legal rules for being kept there.
Form 33
Says a person is not able to make certain decisions
A Form 33 tells a person that they cannot make certain decisions for themselves. It means a doctor has found that the person is not able to make a specific decision because of their mental health.
Form 2
A Form 2 is an order from a Justice of the Peace. It allows police to bring a person to a safe place for a mental health assessment.
Form 5
A Form 5 changes a person’s status from involuntary to voluntary. This means the person is no longer required by law to stay in hospital.
Form 10
A Form 10 is used when a patient is moved from one health care facility to another.
Form 11
A Form 11 is used when a patient needs to be moved to another hospital for treatment that cannot be provided at their current hospital.
Form 45
A Form 45 is a Community Treatment Order (CTO). It allows a person to live in the community while following a treatment plan and getting support.
Forms 3, 4 and 4A are used when a person is required to stay in hospital for mental health care. The form used depends on how long the person has been in hospital and whether they still meet the legal requirements for involuntary admission.
Form 3 starts the involuntary admission and can last up to 2 weeks.
Form 4 is a Certificate of Renewal. It is used after the Form 3 ends if the person still meets the legal requirements to remain in hospital involuntarily. The first Form 4 can last up to 1 month, the second up to 2 months, and the third up to 3 months.
Form 4A is a Certificate of Continuation. It is used after the renewal period when the person still meets the requirements for involuntary admission. Each Form 4A can last up to 3 months.
A Form 33 tells a patient that a doctor has found that they are not able to make a certain decision. The decision may be about treatment, personal health information or managing property.
For treatment:
A Form 33 may tell a patient that they are not able to make their own decision about treatment for a mental health condition. This means a Substitute Decision-Maker may need to make the treatment decision.
For personal health information:
A Form 33 may tell a patient that they are not able to decide whether their personal health information can be collected, used or shared.
For managing property:
Form 21
A Form 21 is used when a doctor finds that a patient cannot manage their own property, such as their money or bills. The patient is given a Form 33 to tell them about this decision.
Form 24
A Form 24 is used when a doctor finds that a patient will still not be able to manage their property after leaving hospital. The patient is given a Form 33 to tell them about this decision.
