THE IMBROGLIO OF LEGAL CAPACITY IN INDIAN DISABILITY LAW disability to manage their own affairs as they will, as suggested by the Treaty Body, but a mechanism to take care at times when persons with psycho-social disability lack mental capacity. The linking between mental capacity and legal capacity is again evident in Section 11, which permits a mental health professional, a relative or a caregiver not to follow an advance directive after obtaining an order to that effect from a Mental Health Review Board. The Review Board is, then, authorised to uphold, modify or cancel the advance directive, depending upon whether the person making the advance directive made it out of their own free will, was sufficiently informed and had the capacity to make it. Section 12 has authorised the Central Authority to retain regulatory oversight over advance directives and Section 13 exempts all mental health professionals from any liability for following an advance directive. The chapter on advance directives permits persons with psycho-social disability (mental illness) to make advance directives, provided they meet all the conditions set by the statute, and provided further that all persons around them raise no objection. The mental health professionals and carers cannot ipso facto override the will of the person with mental illness, but need an endorsement from a Review Board. However, this protective procedure also need not be activated as Section 9 allows the bypassing of an advance directive in an emergency. The design used by the legislation for advance directives is again repeated in Chapter IV, which makes provision for a nominated representative. Section 14(1) grants to every person, who is not a minor, the right to appoint a nominated representative. And where no nominated representative has been appointed, then Sub-section (4) of Section 14 provides a list of persons, who, in order of precedence, shall be deemed to be the nominated representative of a person with mental illness. The list starts with the person nominated by a person with mental illness by advance directive; followed by a relative, a caregiver, a suitable person appointed by the concerned Board or if no such person is available to be appointed as a nominated representative, then the Director, Department of Welfare, or their designated representative shall function as the nominated representative. The caregiver, who is third in the list of priority, is a person who resides with the person with mental illness and performs this service either free or for a remuneration. The statute makes no distinction between various kinds of nominated representatives, therefore, even this paid caregiver has been legally authorised to 41