Title: IMHA What is an advance statement of preferences?
Producer: Independent Mental Health Advocacy
Name of speaker: Muskaan Ahuja and Samantha Buis (all speech content)
Speech content:
What is an advance statement of preferences? Under the Mental Health and Wellbeing Act, if you are placed on a compulsory treatment order, an advance statement of preferences is a document that outlines your treatment, support, and care preferences.
But why would I create one? An advance statement of preferences helps your voice to be heard with people involved in your care, allows you to express your experiences of mental health in your own words, helps you have a sense of control and participation in treatment decisions, raises awareness of treatments that previously have not worked for you, allows you to tell people what treatments have worked for you, and allows you to express your other needs. For example, spiritual needs, managing finances, what to do to take care of pets if you were in hospital, who to call or tell.
OK, if I have an advance statement of preferences, what can it include? It can include answers to the following questions. What would you want your treating team to know about you? For example, what treatment has worked or has not worked for you? Any particular triggers or prior trauma that might affect your treatment? Or what helps when you feel distressed or overwhelmed? What kind of treatment do you want and not want? What kind of care and support do you want and do not want? What helps you to communicate or understand Information? For example, written information, hearing aids, reading glasses, or an interpreter. What helps you explain what you do and do not want? If you want the Mental Health Service to inform your nominated support person or advocate when you are receiving compulsory assessment or treatment? If you want the mental health service to share information about your health, mental health or disability with your nominated support person or advocate?
OK. Tell me, is this document legally binding? Your treating team must take all reasonable efforts to do what's in your statement. But they do not legally have to do what you’ve requested. If your treating team chooses not to follow your preferences, they must provide reasons for not following your wishes in writing within ten business days.
OK, I want to create an advance statement of preferences, how would I do so? The advance statement of preferences needs to be in writing, be signed and dated by you, and is witnessed by an adult. This means the adult must watch you sign the form and include a statement in the document. This can be anyone you choose, including friends, family, or support workers. You can use the advance statement of preferences template available at health.vic, or you can write it in your own way. You can also decide to write an advance statement of preferences with a support person.
What if I want to make changes to my advance statement of preferences? Once you have made an advance statement of preferences, you cannot make changes to it. To change it, you'll need to cancel, or revoke, the document or write a new advance statement of preferences. To revoke it, you can do one of the following. Make a new document and this will automatically cancel your older advance statement of preferences. Or, use the advance statement of preferences revocation form available at health.vic to cancel it.
How will my treating team know I have one? When you write an advance statement of preferences, you should give it to your Mental Health and Wellbeing Service. They will then put this document in your health record. You can also keep a copy of the document with yourself in case you go to a different hospital or service. You can ask your Mental Health and Wellbeing Service to make copies for you. You can give a copy to your carer, support person, or nominated support person.
What if I need help with creating this document? Can an advocate help? Yes. Our advocates can help you prepare an advance statement of preferences. Our independent advocates can also 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, and refer to other services if needed.
If you would like help to speak up about what you need and want, you can get in contact with IMHA, we're here to help. You can visit our website at www.imha.vic.gov.au. You can contact us via email at IMHAcontact@imha.vic.gov.au. You can call our phone line on 1300 947 820, seven days a week between 9:30 a.m. and 4:30 p.m. Or, you can call and listen to a free audio recording of your rights on 1800 959 353 at any time. You can ask your service, carer, or support person to help you contact us. You can ask us for an interpreter if you need one. For more information about your rights, visit our website. You can also scan this QR code to take you directly to the website.
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Reviewed 02 April 2024