Copies of The Mental Health Act are available online free of charge at the Manitoba Laws website at www.gov.mb.ca/laws. Print copies can be purchased from Statutory Publications. Please call 204-945-3103 or email [email protected] for more information.

If you wish to view an electronic copy of the Act, please click here.

There are three options for those who think a family member needs to be admitted to a psychiatric hospital:

• The most common option is to take your family member to their physician or psychiatrist. If they don't have one, then go to a walk-in clinic or Crisis Response Centre for a medical examination. If the situation is urgent, you may take your friend or relative to the emergency room of a general hospital.
• The second most common option is to go through the courts (or Justice of the Peace). You can apply for an order that your family member be medically examined. You must appear in person and complete, under oath, a form requesting a medical exam. You do not need a lawyer to do this. Call your local RHA or police detachment and ask where to find the closest Justice of the Peace.
• When an urgent situation arises, the police have the authority to take a person for a medical examination if they believe the circumstances warrant doing so.

In all three cases, the physician performing the medical examination will determine if an involuntary psychiatric assessment is needed. The physician would authorize the person to be taken to a psychiatric facility for an assessment. The physician and psychiatrist must agree in order for the person to be involuntarily admitted.

An Order of Committeeship is a legal document. The Order works by appointing The Public Trustee of Manitoba to manage a person's personal care and property. This may include finances, estate, or health care. The goal is to protect vulnerable people who cannot care for themselves. For more information see: Committeeship: A Guidebook for Court Appointed Committees

A procedure is followed to issue an Order of Committeeship:
Note that the legal guidelines are found in The Mental Health Act.

• The first step is that a physician must examine the person. The physician decides whether or not the person is competent to manage their own finances and/or personal care.
• If deemed to not have the mental capacity to care for themselves the physician completes a Certificate of Incapacity. The physician describes the reasons for this opinion.
• Along with the Certificate of Incapacity, background information is provided. The background is usually provided by a Social Worker or Community Mental Health Worker.
• The Certificate and background are sent to the Chief Provincial Psychiatrist / Director of Psychiatric Services.
• The Chief Provincial Psychiatrist / Director of Psychiatric Services reviews the Certificate of Incapacity and the background.
• If the Chief Provincial Psychiatrist / Director of Psychiatric Services agrees with the reasons provided in the Certificate, a Notice of Intent letter is mailed to the person named. The Notice is also sent to the proxy named in any Health Care Directive and to the person's nearest relative.
• The Notice of Intent letter outlines the Chief Provincial Psychiatrist / Director of Psychiatric Services' intention to issue an Order of Committeeship appointing the Public Trustee including:
  • what effect the Order will have
  • allows the person named, their proxy, or nearest relative to object and
  • that they have seven days after receiving the Notice to respond in writing with reasons for objecting to the Order

A Private Committee is appointed by the court and may be committee of the person's property, or committee of both the person's property and personal care. You may apply to the Court of King's Bench. The application to the Court is usually made with the assistance of a lawyer.

• The Chief Provincial Psychiatrist / Director of Psychiatric Services receives and reviews any objections.
• If the Chief Provincial Psychiatrist / Director of Psychiatric Services is still satisfied that it would be in the best interests of the person, they will then sign an Order of Committeeship. The Order and a copy of the Certificate of Incapacity is sent to The Public Trustee, the person, their proxy and nearest relative.
• If the Chief Provincial Psychiatrist / Director of Psychiatric Services believes that the person urgently needs the Order, they may make an emergency Order without sending a Notice of Intent.
• An emergency Order of Committeeship would be issued if:
  • there is immediate danger of death or serious harm
  • the person's physical or mental health is at immediate risk
  • risk of serious loss to property
  • the person needs decisions to be made on their behalf to prevent that danger.

There are three ways to have the Order cancelled.

• By physician examination:
  • A physician examines the person and physician decides if the person has become competent.
  • The physician completes a statement that the person is now capable and sends the statement to the Chief Provincial Psychiatrist / Director of Psychiatric Services.
  • The form usually includes information from a social worker or Public Trustee Officer.
  • The Chief Provincial Psychiatrist / Director of Psychiatric Services may ask for more information.
  • If the Chief Provincial Psychiatrist / Director of Psychiatric Services is satisfied with the Statement and information provided, the Order will be cancelled.
  • The named person, their proxy and nearest relative along with the Public Trustee are notified.
• By court order:
  • Applying to the Court of King's Bench, the court may cancel the Order of Committeeship.
  • The court may appoint a person other than the Public Trustee.
• By another jurisdiction (a different court of law):
  • If another jurisdiction appoints someone else to act for the incapable person the Order may be cancelled.
  • The Chief Provincial Psychiatrist / Director of Psychiatric Services would cancel the Order of Committeeship on the recommendation of the Public Trustee.

The Public Trustee of Manitoba acts as a guardian. The Trustee is not a person, it is an agency that manages and protects the affairs of Manitobans who are vulnerable, including those who have no one else willing or able to act on their behalf. This includes people who are adults that do not have the mental capacity to care for themselves, instances where someone has died without a will, and children. For more information visit: The Public Guardian and Trustee of Manitoba | Province of Manitoba (gov.mb.ca)

A Power of Attorney is a legal document in which one person (called the "donor") gives authority to another person (called the "attorney") to manage some or all of the donor's financial affairs. The word attorney here does not mean the person must be a lawyer. In this case, attorney just means any person (family or friend) chosen by the donor.

If the document includes an "enduring clause" it means the attorney can continue to act for the donor should the donor no longer have the mental capacity to manage their own finances. The donor must be mentally competent at the time of signing the document.

If an Order of Committeeship is issued, it suspends pre-existing Enduring Power of Attorney. This allows the Public Trustee to investigate and determine what is in the best interests of the person. Depending on the situation, the Public Trustee may advise the Chief Provincial Psychiatrist / Director of Psychiatric Services to cancel the Order of Committeeship. If this happens, the attorney would resume acting under the Enduring Power of Attorney.

Involuntary admission is when an individual is admitted to a hospital for treatment and/or assessment under the order of someone else (typically a medical professional). See How do I get my friend or family member into hospital? for more information about to get your loved one the care they need.

Plans to transfer patients are made between the Medical Directors of the transferring and receiving facilities. The transferring Medical Director requests the transfer from the Chief Provincial Psychiatrist / Director of Psychiatric Services. The Chief Provincial Psychiatrist / Director of Psychiatric Services authorizes the transfer in writing. The Authorization of Transfer form must accompany the patient to the receiving facility. (See Form #20 under The Mental Health Act.)