Involuntary treatment

[Miniart]

I have an illness but I want to know if there is any way of legally avoiding anyone putting me under an involuntary treatment order if by their estimation they think I 'require' treatment. I have been traumatised by the 'system' of treatment of my illness all my life and would rather be not here at all than to ever enter into it again. I'm afraid though that others might do this to me again.

 

[Docupedia]

It would appear what you're talking about is the question of 'capacity'. Each state will likely be a little different, so I've pulled up some information from the state I'm in (Queensland) - https://www.health.qld.gov.au/__data/assets/pdf_file/0019/143074/ic-guide.pdf and have pulled out some areas which may be of relevance for you. I suggest a read through this document, or whatever you can find similarly for your state (I found this one on a simple Google search).

The key message appears to be: You can refuse any medical treatment you want as long as you have the requisite mental capacity to make decisions for yourself, as determined by a competent medical professional. If you don't have the capacity - then someone else is going to make the decision for you.

Page 19:

Generally, a patient can be regarded as having decision-making capacity if they meet the following five criteria:
1) Does the patient understand the basic medical situation?
2) Does the patient understand the nature of the decision being asked of him or her? Understanding includes the following:
- implications
– benefits, risks, what the treatment entails
- alternatives and their implications, including the implication of no decision
- retaining the information (short-term memory function) sufficient to make a decision.
3) Can the patient use or weigh that information as part of the process of making the decision (for example, asking questions)?
4) Can the patient communicate a decision (for example, by talking, using sign language or any other means)?
5) Is the patient communicating the decision voluntarily (for example, is there an absence of coercion, undue influence or intimidation by the patient‘s family/decision-maker/s)?

Also:

A multidimensional approach to the assessment may be necessary, and can include:
- discussions with those close to the patient, such as their family or carers, who may be aware of the patient's usual ability to make decisions and their particular communication needs
- consultation with health professionals caring for the patient, such as nurses, speech and language therapists
- communicating with the patient with the support of toolkits, including pictures or flash cards (these may be available through social workers or community liaison officers).

People suffering from a mental disorder (including those subject to involuntary provisions of the Mental Health Act 2000/Mental Health Act 2016*) may still have capacity to make decisions about certain aspects of their health care, and an assessment of their capacity on a specific issue at a specific time is often made, as above (see also Section 4.2: What are the consenting issues for mental health patients?). * (Please note: State Parliament passed the Mental Health Act 2016 on 18 February 2016 and at the time of publication it is anticipated that it will be implemented in March 2017. Visit: Mental Health Act 2016 | Queensland Health

And page 21:

1.9 Can a patient or decision-maker decline or withdraw consent to health care?
Any patient who has capacity to consent may also decline any or all health care at any time, even when this is contrary to medical recommendations and in circumstances where such a decision to decline health care may result in the death of the patient. ...
A patient may also change their mind or withdraw consent at any time. For example, they may want to delay all or part of their treatment. Declining or withdrawing of consent can be done orally or in writing. This declining or withdrawal of consent may be on the grounds of religious, cultural or other personal beliefs, or any other reason.
A patient’s decision to decline or withdraw consent is to be communicated to the medical practitioner or treating health practitioner responsible for the patient.
Generally, a patient’s health care decision is to be respected. However, when a patient declines or withdraws consent, the following should be considered:
- confirming the patient has capacity to make the decision
- checking the patient’s understanding and looking for any health literacy or communication issues
- exploring the reasons for the decision including: - a refusal or an inability to sign the form - any cultural or religious conflict that the patient may have
- exploring other health care options that might be acceptable to them.
Where necessary, provide further explanation of the health care and consequences, using different methods and additional supporting material.