Legal representative of a ‘service user’

Legal representative of a ‘service user’ "My best friend was recently diagnosed with bipolar disorder. During her last therapy, her physician gave her the option to appoint a legal representative. After giving it some thought, she asked me if she can appoint me as her legal representative. I would like to know the responsibilities of a legal representative. I also want to know if I can discontinue being her legal representative after she appoints me as such, and who will act as her legal representative after I discontinue my representation? BernaDear Berna, To answer your first question, Section 10 (a) of the Republic Act 11361 or the “Mental Health Act” enumerates the following functions of a legal representative:“(1) Provide the service user with support and help represent his or her interests and receive medical information about the service user in accordance with [the Mental Health] Act “(2) Act as substitute decision maker when the service user has been assessed by a mental health professional to have temporary impairment of decision-making capacity“Assist the service user vis-à-vis the exercise of any right provided under this Act and “Be consulted with respect to any treatment or therapy received by the service user.”Please note that in the enumeration above, the term “service user” refers to “a person with lived experience of any mental health condition, including persons who require, or are undergoing psychiatric, neurologic or psychosocial care” (Section 4 (t), Ibid.) From your letter, it appears that your friend’s condition is covered under the aforementioned definition.On your second query, you may discontinue being a representative, provided that you “must take reasonable steps to inform the service user, as well as the service user’s attending mental health professional or worker, of such decision” (Section 10(b), Id.).Your friend may appoint another representative. In the event that your friend does not appoint a representative after you, Section 10 (c) of the Mental Health Act enumerates the individuals who may act as such. It provides: “Section 10. Legal Representative — xxx“c) Failure to Appoint. If the service user fails to appoint a legal representative, the following persons shall act as the service user’s legal representative, in the order provided below:“The spouse, if any, unless permanently separated from the service user by a decree issued by a court of competent jurisdiction, or unless such spouse has abandoned or been abandoned by the service user for any period which has not yet come to an end:“Non-minor children“Either parent by mutual consent, if the service user is a minor“Chief, administrator, or medical director of a mental health care facility or“A person appointed by the court.”We hope that we were able to answer your queries. This advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to " - https://www.affordablecebu.com/