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Family in mental health law
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Date
2023-10-12
Authors
Donnelly, Mary
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Routledge
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Abstract
This chapter explores evolving responses to family (broadly defined to include family of choice) in mental health law. Recognising the complex dialectic at the heart of discussions of family in mental illness, the chapter traces changing views of family in a post-carceral era. Using the example of the ‘Nearest Relative’ framework in the Mental Health Act 1983 (UK), the chapter identifies flaws in responses to family in ‘traditional’ mental health legislation. Some of these flaws are being addressed by recent law reforms which expand the scope for the exercise of individual choice, both through allowing the person to nominate their own supporter/s and through legally enforceable Advance Healthcare Directives. These reforms offer positive options for many people with mental illness and their families. However, there are limits to what these kinds of reforms can deliver. For this reason, the chapter turns to the Report of the Royal Commission into Victoria's Mental Health System (VRC Report, 2021) which, it argues, offers potential for a more expansive vision of the role of mental health law and new ways of engaging with family.
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Keywords
Family , Mental health law , Mental Health Act 1983 (UK) , Report of the Royal Commission into Victoria's Mental Health System , Advance Healthcare Directives
Citation
Donnelly, M. (2023) 'Family in mental health law', in Kelly, B. D. and Donnelly, M. (eds.) Routledge Handbook of Mental Health Law. Abingdon: Routledge, pp. 421-437. doi: 10.4324/9781003226413-29
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Copyright
© 2023, Mary Donnelly. All rights reserved. This is an Accepted Manuscript of a book chapter published by Routledge in The Routledge Handbook of Mental Health Law on 12 October 2023, available online: https://doi.org/10.4324/9781003226413-29