19

tl;dr Spouse before adult child. Patient’s designated surrogate, and court appointed guardian, before both. Assuming your mom does not have an advanced directive or has not designated a proxy, then her husband would come before you. He can ask whoever he wants and in fact he should get the information he can to determine what she would want. The standard is ...


6

The primary reason for involuntary commitment is that a person poses a threat to themselves or others. This is usually intentionally broad, but can be taken to mean suicidal, delusional or homicidal tendencies, or other personality disorders that make a person a threat. There are usually provisions for holding a person for a limited period of time in ...


4

One of four people can make the decision in most jurisdictions: The patient themselves, if they are of sound and reasonable mind The patient's next of kin, if the patient is not able to make the decision themselves The patients enduring power of attorney for health, and they can override the next of kin's decision on this The doctor themselves, if they ...


4

This is a question with a subjective answer, not a legal one. "Should I have to turn in my gun" legally, nobody is forced to turn in their guns because of mental illness. There are fourteen states in the United State that have laws to be able to seize weapons from mentally unstable individuals under what is known as "extreme risk protection orders(ERPOs)...


4

Every State in the union has some form of involuntary mental health hold. Regardless of whether or not the patient claims it was an accident, it is incumbent upon the hospital or facility where the individual is held (which is typically at least 72 hours) to do an in-depth analysis of whether the person is a danger to themselves or others. While in this ...


3

I don't like citing Wikipedia, but: The Baker Act allows for involuntary examination (what some call emergency or involuntary commitment). It can be initiated by judges, law enforcement officials, physicians, or mental health professionals. There must be evidence that the person: possibly has a mental illness (as defined in the Baker Act). is ...


3

If you wrote for example "I had thoughts about taking the axe from my garage and decapitating my neighbour", and your neighbour read that, he would reasonably be worried and contact the police. I would take that as a death threat, and the death threat is by itself illegal. There would be some range where I could claim that you were making a death threat and ...


3

Doctors are obliged to act in the best interest of their patients. If it would be in your best interest to see another doctor (due to the doctor being out of practice for that particular diagnosis), your current doctor would be obligated to tell you and refuse treatment. The physician‑patient relationship is fiduciary in nature and certain duties arise ...


3

As a preface, while the best course of action isn't always clear and the reality of implementing some solution is often rocky, the bipolar diagnosis situation you describe is probably the single most common situation in which legal arrangements must be made for an adult child, and is almost as common as the need for children to make legal arrangements for ...


2

Can the police officer report back to the psychiatrist what they learned in these conversations? Yes. There is no legal reason that a police officer couldn't inform the psychiatrist what they learned in these conversations. While communications between a psychiatrist and a patient are generally privileged and confidential, absent the Tarasoff exception, ...


2

In the United States one would file a petition with the appropriate court to have a conservator appointed for the individual. I suspect that you are probably asking about U.K. law since you mention a "solicitor", although a few other countries also use that term. The process is essentially the same everywhere in the common law world, although the ...


2

The person with a mental health condition is as liable as the person without all else being equal. The standard in common law (and civil law) systems is the reasonable person test - what would a reasonably prudent person in the same (external) circumstances do. The standard can be increased by replacing the noun: for example, a person who is or purports to ...


2

It depends on the jurisdiction but, very broadly speaking, the person might be ill such that: they did not know what they were doing or that what they were doing was wrong (insanity) their ability to understand their actions or make a reasoned decision or self control was highly impaired but not to the degree of insanity (diminished responsibility or ...


2

It is not illegal for the mother to continue working there under the condition that she continues to uphold her professional confidentiality. It is not a violation of the employer to allow their employees, on a need to know bases, access to such data: § 203 (3) - Violation of private secrets (StGB) (3) A secret has not been revealed within the meaning of ...


1

You simply have to deliver the form: they do not have to accept it. You can deliver it to an office, hand it to the landlord's agent, put it on their desk, mail it or fax it. You will eventually need to involve the LTB because you either have to get the landlord to agree, find a replacement tenant, or appeal to the LTB. If you don't get an assignee and don't ...


1

The police can take him in for an evaluation. However, to permanently commit him requires you demonstrate he is likely to harm himself or others to a burden of "clear and convincing evidence", which is difficult. It's feasible he's having what are called Autistic Meltdowns. If those outbursts are emergent from a mental health issue the Fair Housing Act will ...


1

Courts are expected to pass sentences which are just, in all the circumstances. Before a custodial sentence the court must (normally) order a report and take into account the findings of the report writer when sentencing. From section 157 of the Criminal Justice Act 2003: (1) Subject to subsection (2), in any case where the offender is or appears to be ...


1

tl;dr In isolation, 18 U.S.C. § 922(g)(4) appears to operate as a permanent ban, though affected persons may seek permits and appeal a subsequent denial. Background 18 U.S.C. § 922(d) is the law on sales: It shall be unlawful for any person to sell or otherwise dispose of any firearm or ammunition to any person knowing or having reasonable cause to ...


1

Under 45 CFR 164.502, A covered entity or business associate may not use or disclose protected health information, except as permitted or required by this subpart or by subpart C of part 160 of this subchapter PHI is defined in 45 CFR 160.103: Protected health information means individually identifiable health information: (1) Except as ...


1

Mental disorder is defined in the referenced section as follows: (i)(1) “Mental disorder” means a behavioral or emotional illness that results from a psychiatric disorder. (2) “Mental disorder” includes a mental illness that so substantially impairs the mental or emotional functioning of an individual as to make care or treatment necessary or ...


1

It is, practically speaking, impossible for a layman to know whether a given situation constitutes a significant behavioral, emotional, or mental disorder. Instead, a technical expert would make that determination. So most of the question isn't legal, it's psyychiatric. There is a book that spells this out (Diagnostic and Statistical Manual of Mental ...


1

There’s a lot going on in this question. Insurance doesn’t matter for liability. An insurer indemnifies the insured for damage they cause to other people (third-party personal insurance), other people’s stuff (third-party property insurance) or the insured’s stuff (comprehensive or first-party insurance) [the insurer is the second party]. If someone other ...


1

You have the right to remain silent ... So begins the Miranda warning required to be given by US police officers before they arrest you. Police in every other liberal western democracy are required to issue a similar warning (even though the obligation is not as prescriptive as in the US). The right to silence extends to interactions before an arrest ...


1

Everything appears fine in terms of the school's actions. Who cares if they give the information to the parents? As long as there is not some other violation at the school or unless the information goes deeper than what you've provided the student has no ability to consent or not. This is true for two reasons. 1) Protected Health Information Protected ...


1

The answer really calls for a comparison of the level of mens rea required for various torts and the condition in question. Lots of conditions that constitute a "mental disorder" for DSM-V purposes would not cause someone to lack the proper mens rea and hence would not constitute a defense. Also, the case law is often quite wedded to fact patterns and is ...


1

In the US, you can supposedly simply add a sentence opener such as "In my opinion..." or "I wish..." and that removes there being a statement of fact (with the first option) or intent of action (with the second). Though, it may be different under British law.


1

You would need to prove that clinical mistakes were made. Since your friend's mental state has now changed and it is likely impossible for another psychologist to determine what it was at the time he was sectioned, that seems extremely difficult to do. Unless there is some evidence, such as an evaluation made at the time by another psychologist or evidence ...


1

Usually what would happen would be that the charge would be referred to juvenile court following the arrest of the juvenile or issuance of a citation to the juvenile for that offense by law enforcement. The juvenile court (or the juvenile division of some other court) would then have discretion to impose a variety of sentences if it found that the juvenile ...


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