About the Mental Health Act Guide
• The Alberta Mental Health Act: A Guide for Mental
Health Service Users and Caregivers was written to help
you understand some of the main actions permitted under
the Act, how the Act might affect you, as well as your rights
within the Act. It is intended to provide you with information
to use in order to advocate for yourself or another person
affected by the Act.
• This Guide and related documents give an overview
of the Act in plain language. For actual wording of the
Act, you can read the Mental Health Act at www.qp.alberta.ca
or order a copy from the Alberta Queen's Printer.
• Other useful information and contacts related to
the Act are listed at the back of the Guide.
• Although the information in this booklet is about
legal issues, it should not be seen as giving legal advice.
If you are looking for specific legal advice or assistance
you should always contact a lawyer. You can call Legal Aid's
Alberta Law Line at 1-866-845-3425 to find out what kind
of legal help is available, or visit www.legalaid.ab.ca.
What changes were made to the Act?
The basic rules and rights that apply to apprehension,
detention and treatment are the same as before, but there
are several key changes to the Act:
• One of the criteria that allow someone to be admitted
to a facility involuntarily has been changed. The change
means people with a mental disorder who doctors believe
are likely to cause harm to themselves or others, to seriously
deteriorate mentally or physically, or to become physically
impaired without treatment may be admitted. The Act used
to apply only to people who appeared to be a danger or likely
to become a danger to themselves or someone else.
• When a patient is discharged (released) from a hospital,
the doctor's written report on the patient's assessment,
diagnosis and treatment and any treatment recommendations
(suggestions) must now be sent to the person's family doctor,
if known.
• A new option, called a community treatment order
(CTO), has been added to the Act that allows for people
to be supported and treated in the community under certain
circumstances, instead of having to stay in a hospital or
other designated facility.
• In the past, the Mental Health Patient Advocate
(MHPA) could only assist individuals held under two admission
or renewal certificates. Now, the MHPA can also serve people
held under only one admission certificate or who have been
issued a CTO.
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