How can a person with mental illness make their own decisions about treatment?

In Florida, a person with mental illness can make their own decisions about treatment under certain conditions. The Florida Mental Health Act of 1971 is the primary law that governs treatment and decisions related to mental health. The law states, “any adult who is not a person with a mental illness may consent to mental health treatment on behalf of a minor” or on behalf of any adult who can not give informed consent due to mental illness. If an adult is capable of making their own decisions about treatment, they must demonstrate that they understand the potential risks, benefits, and alternatives of the proposed treatment. If they are deemed capable of making their own decisions, the health care provider should honor the patient’s preferences and give the patient choice in treatment. However, in most cases, a patient with mental illness can not make their own decisions. They are usually declared incompetent or unable to give informed consent to treatment. When this occurs, parents, guardians, or other legally responsible persons must make decisions on behalf of the patient. In these cases, the health care provider must take into account the opinion of the patient, even if they are unable to make their own decisions. In either case, it is important to ensure that the patient has the right to make decisions about their own body and treatment. Medical professionals should always look to the patient first in order to get an understanding of their wishes and preferences regarding treatment.

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