Section 44 inserts new sections 130M and 130N into the 1983 Act, which create new duties on NHS Bodies and Local Health Boards (Wales) in relation to facilitating people to make an Advance Choice Document. An Advance Choice Document can be used by individuals to set out what they want and don’t want, while they are well and have capacity or competence to do so, so that the Document can be used by mental health professionals in the event that they are assessed and potentially admitted for care and treatment either informally or formally, and they lack capacity or competence to share these things at the time. This duty aims to ensure that individuals who are at risk of being detained or hospitalised in the future are given the opportunity to make an Advance Choice Document while they are in the position to do so – this is normally while they are well and residing in the community. However, it may also be, for example, while the individual is in prison, in a secure children’s setting or immigration removal centre.
	Subsection (5) of section 130M defines an Advance Choice Document as a written statement made by an individual while they have capacity or competence to make the statement, setting out their decisions, wishes and/or feelings about matters that may be relevant to their assessment for admission, and care and treatment as a formal or informal patient, in the event that they lack capacity or competence to make the decision in question. The Document can also include advance decisions under the Mental Capacity Act 2005.
	Subsections (1) of section 130M and section 130N place duties on NHS Bodies and Local Health Boards (Wales) that aim to facilitate people to make Advance Choice Document. These duties require that NHS Bodies make appropriate arrangements to make information and help available people to create Advance Choice Documents, and that they bring this ‘offer’ to people’s attention. They must also make appropriate arrangements for people to be given information or help by having a conversation with someone who is suitably qualified, whether in-person or remotely. Lastly, in discharging their duties, they are required to have regard to the particular benefits to a person of making an Advance Choice Document within 12 months of being discharged from inpatient psychiatric hospital care.
Help and information for patients Section 44: Advance Choice Documents