Having more say over your treatment

You can have more control over your treatment if you:

• make an advance statement of preferences that sets out your treatment preferences
• nominate a support person to help represent your interests.

You can also ask for a second opinion from another psychiatrist.

Advance statement of preferences

An advance statement of preferences sets out what your preferences are for treatment, if you become so unwell that you require compulsory treatment.

You can make an advance statement of preferences at any time. It must be:

• a written statement
• signed and dated by you
• witnessed by an adult.

The form must be witnessed by an adult, which means they must watch you sign the form. This can by anyone you choose, including friends, family, or support workers.

Read more about how an advance statement of preferences works.

Nominated support person

A nominated support person is somebody who you nominate to receive information and support you while you are receiving treatment as a compulsory patient under the Mental Health and Wellbeing Act 2022.

The nomination must:

• be in writing
• signed and dated by you
• give the name and contact details of the person you wish to nominate
• include a statement signed by the nominated person that they agree to be nominated
• be witnessed by an adult.

The form must be witnessed by an adult, which means they must watch you sign the form. This can be anyone you choose, including friends, family, or support workers.

Read more about nominating a person to support you.

How an advocate can support you

If you are receiving compulsory treatment, you may feel you need help to understand and act on your rights in the mental health system.

Our independent advocates can:

• listen to what you want and talk to you about your options
• give you information and support to act on your rights
• work with you so you can have your say
• refer you to other services if requested.

Find out more about how we can support you.

We do not provide legal representation or specific advice about how the law applies in your particular situation. If you require legal help, ask your advocate to put you in touch with Victoria Legal Aid.