As a mental health professional caution must be exercised when working with people who are legally incompetent.
Mental health law and criminal law differ in the burden of proof required, purpose of confinement and length of confinement.
Now this includes people with mental illnesses, people who are developmentally challenged and people who are a danger to themselves or others. It’s vital to note that even when a person was involuntarily confined, they retain certain rights and expected standards of care that must be adhered to. Although, Undoubtedly it’s important, basically, to note that in cases where a person commits suicide the mental health professional could open themselves up to malpractice lawsuits for not recognizing and predicting suicide when someone under their care commits suicide. Oftentimes this fact is sometimes in conflict with the mental health professional belief in personal autonomy, and that a person has a right to make their own decisions about how to live their lives.
In order for a person to be involuntarily confined under mental health law the person must need treatment, must be unable to provide basic care for themselves, and must be a danger to themselves or others. Finding that a person is mentally ill ain’t in and of itself enough to involuntarily confine that person. Except where permitted by explicit exceptions, violations of confidentiality, can result in criminal and civil penalties. Disclosure to correctional agencies when the confinement was court ordered information required for insurance payments, and release of statistical data to researchers, bolywoord disclosure to health care professionals to aid in treatment, being that a person who is known to are a mental patient faces prejudices.
Mental health professionals must keep confidential records of those people they are treating who may not be competent.
Most state laws require a written report explaining why the rights are suspended.
I know that the right to have visitors, to have phone calls, to wear their own clothing, to be paid for any work they do, to refuse certain treatments, to get education, physical exercise and practice religious beliefs and to have dignity, privacy, and care free from harm or unnecessary confinement, These personal rights include. Look, there’re usually procedures that need to be followed to take away mental patient’s rights. I’d say if it is determined that one of these rights must be suspended it must be for good cause.