If you’re unaware of what an involuntary commitment is, it is basically a confinement to a mental health facility against one’s will. When an individual is forced into custody against their will, for the sake of their own safety and others, it’s called involuntary commitment.
During this involuntary commitment, a person’s freedom is taken away temporarily, so they cannot exercise their free will. There are legal procedures in place to ensure that the patient’s constitutional right to due process is upheld.
A Baker Act is a civil commitment. In this case, there’s a judge who decides whether or not a person should be held against their will or not.
In this blog, we’ll discuss what involuntary commitment is and how you can protect your rights during that process.
Involuntary Commitment Law: A Brief History
When an individual who is mentally ill becomes a danger to their own self or others, the legal proceedings of civil commitment start against them. Civil commitment requires statutory due process under state and federal laws. Until the 1970s, the patients’ and the public’s constitutional rights weren’t protected.
The United States Supreme Court ruled in O’Connor v. Donaldson in 1975, holding that “a state cannot constitutionally confine… a non-dangerous individual who is capable of surviving safely in freedom by himself or with the help of willing and responsible family members or friends.
Before 1975, people with mental illnesses had limited control over their treatment and the commitment procedure. There was a widespread belief that the mentally sick were incapable of making judgments. The state and family members made decisions for mentally ill people based on their best review. They believed that in-patient care in public or private hospitals was good. A mentally ill individual could be committed to in-patient care by almost anyone.
How Can a Patient Protect Their Rights?
Just because an individual has a mental illness, it doesn’t mean they don’t have any rights. All their civil rights are protected, and they are able to exercise them when needed. Even if an individual is in involuntary commitment, they can still exercise their rights to refuse the treatment. They also have the right to be free of restrictions and abuse. In a nutshell, if you or any of your loved ones are in a similar situation, just know that all your rights are protected, and you can use them in your favor.
How to Get Out of Involuntary Commitment?
To get out of an involuntary commitment, you need to hire a legal team to understand the process. If you are a victim of a wrongful baker act, immediately contact Talmadge Law Firm. We specialize in this area of law, so no one can help you better than us. Be it you or your loved one, call us to help you in a wrongful baker act. We’ll build the whole case and make sure you’re released ASAP.
