The New Mental Health Act: Putting Principles into Practice - Information for Service Users and their Carers

1 Some terms used in this guide

The Act: The Mental Health (Care and Treatment) (Scotland) Act 2003.

Advance Statement: this is a written statement, drawn up and signed when the person is well, which sets out how he/she would prefer to be treated (or not treated) if he/she were to become ill in the future. It must be witnessed and dated. The Tribunal and any medical practitioner treating the person must take notice of an advance statement, but are not bound by it. If the wishes set out in an advance statement have not been followed by the medical practitioner or the Tribunal, they must send to the patient, the patient's named person and the Mental Welfare Commission a written record giving the reasons for this. There is a separate topic guide that explains advance statement in more detail.

Guardian: if, as a result of a mental disorder, you are unable to make a safe decision about your own finances or welfare, the court can appoint a Guardian to make these decisions on your behalf.

Independent advocate: under the Act anyone with a mental disorder has the right to access an independent advocate. An independent advocate is able to give support and help to enable a person to express their own views about their care and treatment.

Mental disorder: this is a term used in the Act which covers mental illness (including dementia), learning disability or a personality disorder.

Mental Health Officer ( MHO): this is a specially trained social worker who deals with people with mental disorder and has particular duties under the Act.

Mental Health Tribunal: The Mental Health Tribunal for Scotland was set up by the Act to make decisions about the compulsory care and treatment of people with mental disorder.

Named person: this is someone who will look after the person's interests if he or she has to be treated under the Act.

Responsible Medical Officer ( RMO): this is the medical practitioner, usually a consultant psychiatrist, who is responsible for the person's care and treatment.

Welfare attorney: a person who you have given the power to make decisions about your welfare through a legal arrangement called 'Power of Attorney'.