If someone is not able to take care of themselves or their finances,
what is the legal process to legally take away their right to act on
their own behalf ?
The Probate Court has the authority to appointment a Guardian over
the person and a conservator of an individual’s estate.
A petition must be filed with the court, then a guardian ad litem is
appointed to investigate.
Finally a hearing is held. If granted, the Court will then vest power
in the guardian and conservator to manage the individual’s estate
subject to the courts review.
Let’s say someone is acquitted of a crime by reason of
insanity, and placed into an institution against their will, what do
they have to prove to be released?
There are at least 5 factors considered when a patient petitions for
release:
- The nature of the original offence.
- The person's behavior while in the mental health facility.
- How much time has passed from the offense to the request.
- The proposed release plan.
- Is there any family or friends who will take responsibility and make
sure that he sticks with the conditions of release.
We all have seen movies where people are institutionalized against
their will. In reality, what are the conditions under which an individual
can be institutionalized involuntarily?
To be placed in a mental hospital against your will, or the will of
a parent or guardian, you must present an immediate danger to yourself
or to others.
What rights do patients in mental health hospitals have?
They have the right to:
- keep and wear their own clothing,
- maintain their personal possessions,
- communicate by mail or private phone conversations with outside persons
or agencies,
- have access to current newspapers and magazines,
- and have access to their own medical records.
- These rights can
be rescinded for a specific patient if a mental health coordinator
determines that they interfere with therapeutic progress,
Today all patients in mental health facilities are entitled
to basic human rights, such as humane treatment, nutritional food and
freedom from abuse.
