By Barbara P. Andruccioli
Mental illness strikes people from all walks of life and has no regard for age, sex, race, religion or wealth. It is a problem that faces many and seems to be an overwhelming challenge to some. Most families are not prepared to learn that a loved one suffers from a mental illness. In the United States alone, mental illness impacts 1 in 4 families. An estimated 54 million Americans suffer from some form of mental disorder in a given year. In the U.S., mental illness is the second leading cause of disability and premature mortality. The cost of mental health problems is estimated to be a staggering $20 billion per year.
Mental illness is a disease that causes disturbances in thought or mood resulting in significantly impaired judgment, behavior, or the ability to cope with the ordinary demands of life.
A person requiring treatment, under the Michigan Mental Health Code, is a person who has a mental illness, and:
- Is a danger to himself or someone else,
- Is unable to care for his basic needs such as food, clothing, or shelter, or
- Whose judgment is so impaired that he can’t understand his need for treatment, which could result in harm to himself or someone else.
Other considerations for mental health treatment are a person’s advanced years, alcoholism or other drug dependence.
The stigma attached to mental illness compounds the already difficult and complex problems faced by people who are ill. Fear and discrimination of the mentally ill have their roots in the lack of information and understanding. Only with proper care and treatment will an individual learn to cope or recover from a mental illness or emotional disorder.
Treatment
In Michigan, treatment for mental illness may be obtained voluntarily or involuntarily.
A person 18 years of age or over, may seek voluntary treatment at a hospital if the person meets the requirements for hospitalization. A voluntary patient may leave the hospital at his or her own request.
A person may be involuntarily committed to a hospital in several ways:
- A person may file a petition for hospitalization with the probate court, naming the person needing treatment, the basis for the claim, and any witnesses to the facts, or
- A person acting in an "unusual" manner may allow a police officer to bring him or her to a hospital, where the officer would sign the petition for hospitalization.
Patient Rights
Within 12 hours of hospitalization, the person must receive a copy of the petition and a written statement which explains in simple terms the rights of the individual to a full court hearing, to be present at the hearing, to be represented by an attorney, to a jury trial consisting of 6 persons chosen in the same manner as jurors in a civil proceeding, and to an independent clinical evaluation.
The person must be examined by a psychiatrist within 24 hours of being hospitalized. After the examination, if the doctor does not find that the person requires hospitalization, he will be immediately released. If the doctor believes that the person requires treatment, he will issue a clinical certificate and notify the local probate court that the patient has been hospitalized. The court will set the matter for a full hearing.
Every person who is the subject of a petition for hospitalization is entitled to have an attorney. If they can’t afford one, the court will appoint counsel on their behalf.
Court Determination
If the court finds by "clear and convincing evidence" that the person requires treatment, the court will order involuntarily hospitalization for 60 to 90 days. The length of hospitalization may be increased by the re-filing of petitions.
If and when a court finds that there is no longer clear and convincing evidence a person requires treatment, the person will be discharged immediately. A hospital director may at any time discharge a patient whom they believe is clinically suitable for discharge.
Most people believe that mental disorders are rare and happen only in "someone else’s" family. For the mentally ill to be accepted and become productive members of society, the general public needs a better awareness that people with psychiatric disabilities are people like the rest of us. A better understanding of the nature of mental illness and what steps to take to help someone who is mentally ill, will help to lessen society’s stigma of the mentally ill.
We have attorneys with vast experience representing families facing the difficult task of trying to help a mentally ill family member or friend through this difficult process. Please feel free to call on us if we can be of any assistance to you or to your family.
For further information regarding these matters, please contact Ms. Andruccioli at 248.740.5683 or click here to send an email.
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