[Durgical](https://durgical.com/en/) › [DurgiPedia](https://durgical.com/en/durgipedia/) › [Nursing](https://durgical.com/en/nursing/) › [Mental health and psychiatric nursing](https://durgical.com/en/nursing/areas/mental-health/) › Rights in mental-health care: consent, capacity, involuntary care and the least restrictive option # Rights in mental-health care: consent, capacity, involuntary care and the least restrictive option - Fundamental People in mental-health care keep their rights: information, consent, confidentiality, dignity and the least restrictive care; capacity is presumed. Updated Nov 13, 2026 ## Key points - Ley 1616 de 2013, art. 6: information, informed consent, least restrictive interventions, confidentiality, no discrimination or cruel treatment, psychoeducation, reintegration. - Ley 1996 de 2019: adults with disability have legal capacity on equal terms; they may use supports and advance directives. - Capacity is specific to each decision and may be temporary; the nurse contributes observations and does not decide on it alone. - Cues to question capacity: unaware of surroundings, no questions about the treatment, new inability in daily activities, agitation, labile emotions, hallucinations, intoxication. - The least restrictive option is both a right and a nursing duty. - Leaving a high-risk patient alone with means of self-harm breaches the duty to protect. ## What it is Admission to a mental-health service can take away everyday freedoms, so rights must be explained and protected. In Colombia, art. 6 of Ley 1616 de 2013 lists the rights of people in mental-health care, among them humane and integrated care, clear and complete information, interventions that are the least restrictive of personal freedoms, informed consent, confidentiality, not being discriminated against or stigmatised, not being subjected to cruel or inhuman treatment and returning to family and community; the list must be displayed in services. Ley 1996 de 2019 presumes the legal capacity of adults with disability and replaces substitution with supports and advance directives. Decision-making capacity is a functional judgement for a specific decision; the nurse does not formally assess it but notices and reports cues. Care without consent, seclusion and restraint are exceptions for immediate danger, under the norm and the institutional protocol. ## Key points - Rights are explained on admission in clear language and in writing when possible. - Consent is informed, voluntary and can be withdrawn; it needs the right information and capacity for that decision. - Confidentiality has limits: risk to life is shared with the team. - Visits, phone and mail contact and spiritual support are rights; any limit needs a clinical reason. ## Components - Information and consent. - Legal capacity (Ley 1996 de 2019) and decision-making capacity (clinical, for a given decision). - Supports and advance directives. - Least restrictive care, including seclusion and restraint only as a last resort. - Confidentiality, privacy and freedom from discrimination. ## What it is for - Protects dignity and autonomy when illness or admission limit freedom. - Gives the nurse a frame for advocating for the patient within the team. - Reduces coercion, which harms trust and recovery. ## In nursing practice - Explain rights and how to make a complaint on admission and check that they were understood. - Before a procedure, check that the person received the information and agreed; report doubts about capacity. - Ask whether the person has an advance directive or a support person and include it in the plan. - Use the least restrictive measure and record why a restriction was needed and when it ended. - Report unsafe practice or suspected abuse through institutional channels. ## Common mistakes - Assuming that a psychiatric diagnosis means no capacity to decide. - Asking for consent without explaining risks, benefits and alternatives in plain language. - Restricting visits or phone use as punishment. - Applying other countries' rules (time limits, admission types) as if they were Colombian law. ## Test yourself Think of the answer, then tap the question to see it. ## Which four rights does art. 6 of Ley 1616 de 2013 list? For example: clear and complete information, informed consent, interventions that are the least restrictive of personal freedoms, confidentiality, no discrimination or stigma, psychoeducation and reintegration into family and community. ## What does Ley 1996 de 2019 establish about adults with disability? That they have legal capacity on equal terms with others, whether or not they use supports, and that they may make support agreements and advance directives. ## What is the nurse's role in judging decision-making capacity? The nurse does not formally assess it, but notices cues (unawareness, agitation, hallucinations, intoxication) and reports them so the treating team evaluates it. ## What does the principle of the least restrictive option mean in practice? Choosing the measure that limits freedom the least while keeping people safe, and lifting any restriction as soon as it is no longer needed. [Add to my cards (4)](https://durgical.app/estudiar/?add=/en/nursing/rights-in-mental-health-care-consent-capacity-involuntary-care-and-the-least-res/) ## Elsewhere in DurgiPedia - [Informed consent: elements and how to obtain it](https://durgical.com/en/medical-ethics/informed-consent-elements-and-how-to-obtain-it/) - [Decision-making capacity (competence) and how to assess it](https://durgical.com/en/medical-ethics/decision-making-capacity-and-how-to-assess-it/) - [Law 1996 of 2019: legal capacity of adults with disability](https://durgical.com/en/forensic-medicine/law-1996-of-2019-legal-capacity-of-adults-with-disability/) ## Connections ## Related 2 - [Ley 1616 de 2013: the Colombian mental-health law from the nursing side](https://durgical.com/en/nursing/ley-1616-de-2013-the-colombian-mental-health-law-from-the-nursing-side/) - [Ley 911 de 2004: nursing ethics and the disciplinary regime](https://durgical.com/en/nursing/ley-911-de-2004-nursing-ethics-and-the-disciplinary-regime/) [← All of nursing](https://durgical.com/en/nursing/) Educational content for students; it does not replace your institution's protocols, supervised clinical training or a prescriber's order. Dose-calculation examples use made-up numbers: they are educational, not a clinical order. Sources: [Ley 1616 de 2013, art. 6 (derechos de las personas en el ámbito de la salud mental)](https://www.secretariasenado.gov.co/senado/basedoc/ley_1616_2013.html) (Secretaría General del Senado de la República de Colombia, 2013); [Ley 1996 de 2019, régimen para el ejercicio de la capacidad legal de las personas con discapacidad mayores de edad](https://www.secretariasenado.gov.co/senado/basedoc/ley_1996_2019.html) (Secretaría General del Senado de la República de Colombia, 2019); [Nursing: Mental Health and Community Concepts, 5.5: Patient rights](https://med.libretexts.org/Bookshelves/Nursing/Nursing%3A_Mental_Health_and_Community_Concepts_(OpenRN)/05%3A_Legal_and_Ethical_Considerations_in_Mental_Health_Care/5.05%3A_Patient_Rights) (Open RN, Wisconsin Technical College System (CC BY 4.0), LibreTexts, 2022). ## **Spotted a mistake?** We are always improving for the community. Tell us what is wrong and our team will review it. Report a mistake Representative model, for educational purposes only. --- Source: https://durgical.com/en/nursing/rights-in-mental-health-care-consent-capacity-involuntary-care-and-the-least-res/ License: CC BY 4.0 (https://creativecommons.org/licenses/by/4.0/). Cite as: DurgiPedia (durgical.com), https://durgical.com/en/nursing/rights-in-mental-health-care-consent-capacity-involuntary-care-and-the-least-res/