How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Dr. Z Your Own Question

Dr. Z
Dr. Z, Psychologist
Category: Mental Health
Satisfied Customers: 5744
Experience:  Psy.D. in Clinical Forensic Psychology with a background in treating severe mental illnesses.
74815544
Type Your Mental Health Question Here...
Dr. Z is online now
A new question is answered every 9 seconds

In the U.S., what, if any, are the lasting de jure and de facto

Resolved Question:

In the U.S., what, if any, are the lasting de jure and de facto legal consequences of involuntary hospitalization for mental health problems and/or having a parent attempt/succeed at having an adult child declared non compos mentis? Do these consequences vary from state to state? Is there any way to void those consequences later in life?
Submitted: 1 year ago.
Category: Mental Health
Expert:  Dr. Z replied 1 year ago.

DoctorZ :

Hello are you still there?

Customer:

Yes, just using multiple browsers.

Customer:

Good evening.

DoctorZ :

No worries, just wanted to make sure you were there. Good evening to you too

Customer:

So, yeah.

DoctorZ :

So to answer your question, it usually depends on how long the commitment was and for what.

DoctorZ :

Also you are right different states have different laws concerning this

Customer:

I'm not sure on the confidentiality rules of the chat, but I can say that one party is in NY and the other in TX

DoctorZ :

Well I have experience with involuntary commitments in NY.

Customer:

I can only imagine. NY tends to have some very archaic laws on the books on issues like this. Can you give me an idea?

DoctorZ :

When someone is removed from an involuntary commitment, some courts will assign a conservator to manage the treatment and finances for the patient, but this happens in rare instances when someone needs that help

DoctorZ :

For most states though including Texas and NY, you are not allowed to own a gun for an indeterminate amount of time

Customer:

Not really an issue for me: I took a gun safety course in order to know how to get the bullets out and haven't been back since.

Customer:

Are there any de facto employment consequences?

DoctorZ :

Also this involuntary commitment will be on your record for the rest of your life, but only law enforcement (under special circumstances) and state mental health officials will see it. No employer will ever see it or hear about an involuntary commitment unless you tell them.

DoctorZ :

That is your right to privacy for medical and mental health issues, so no matter what state you are in no employer will ever know

Customer:

Even if your employer is a government?

DoctorZ :

The only government that will know is if you work in FBI, CIA, or NSA. Some police departments may get access to it, but last time I checked NY police were not allowed to access that information

Customer:

The military isn't listed up there.

DoctorZ :

Typically no, but the military does its own psychological testing to see if you are fit for duty, but they should not have access to your mental health records. Now they may ask you on a form if you have ever been involuntary committed for a mental health reason

Customer:

Ok. So, last bit, I promise: if she attempted to have me hospitalized, whose laws would apply? My state of residence or hers?

DoctorZ :

The state that you are currently in is what applies for involuntary commitment.

DoctorZ :

Also just to add that a 72 hour hold and involuntary commitment are two different things

Customer:

What she wants is less to have me hospitalized (my symptoms are more chronic and progressive than acute, at least at the moment) and more to regain power of attorney/medical proxy/guardianship over me, as she feels that my symptoms have made me incapable of advocating for myself/recognizing need for treatment. I did have a power of attorney/med proxy appointing someone else who is local drawn up a few years ago, simply because my family is so far away. It's just that she's an attorney and I'm not sure which routes she has to get what she wants, and at this point, wondering whether fighting her is worth it.

DoctorZ :

Okay I understand and I am sorry that you are going through this. I would recommend seeing a mental health attorney to see what avenues you can possibly take to preempt this, if you so choose to.

Customer:

The nightmare scenario was, if she got it, that I could never regain legal competence again, and would remain the ward of one person or another for the rest of my life.

Customer:

Thanks for listening. This is a very nice service for someone with agoraphobia.

DoctorZ :

Typically conservatorship or having someone being your power of attorney is a drastic measure and most courts do not like to do it without do cause. If you can take care of yourself currently with your daily life needs, then most likely you are in control of your own faculties to not need a power of attorney.

DoctorZ :

No problem, I am happy to help and I hope I provided you with excellent service today

Customer:

Fantastic. Thank you very much, sir. It's nice to have one less thing to worry about. Have a good evening, and sleep well.

DoctorZ :

Good night :)

Dr. Z, Psychologist
Category: Mental Health
Satisfied Customers: 5744
Experience: Psy.D. in Clinical Forensic Psychology with a background in treating severe mental illnesses.
Dr. Z and 2 other Mental Health Specialists are ready to help you
Expert:  Dr. Z replied 1 year ago.
Hi Cameron,

I just wanted to check in and see how you were doing with your issues of a possible future involuntary hospitalization. Let me know if there is anything else I can assist you with or if you have any other questions.

-Dr. Z

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • I can go as far as to say it could have resulted in saving my sons life and our entire family now knows what bipolar is and how to assist and understand my most wonderful son, brother and friend to all who loves him dearly. Thank you very much Corrie Moll Pretoria, South Africa
< Last | Next >
  • I can go as far as to say it could have resulted in saving my sons life and our entire family now knows what bipolar is and how to assist and understand my most wonderful son, brother and friend to all who loves him dearly. Thank you very much Corrie Moll Pretoria, South Africa
  • I thank-you so much! It really helped to have this information and confirmation. We will watch her carefully and get her in for the examination and US right away if things do not improve. God bless you as well! Claudia Albuquerque, NM
  • Outstanding response time less than 6 minutes. Answered the question professionally and with a great deal of compassion. Kevin Beaverton, OR
  • Suggested diagnosis was what I hoped and will take this info to my doctor's appointment next week.
    I feel better already! Thank you.
    Elanor Tracy, CA
  • Thank you to the Physician who answered my question today. The answer was far more informative than what I got from the Physicians I saw in person for my problem. Julie Lockesburg, AR
  • You have been more help than you know. I seriously don't know what my sisters situation would be today if you had not gone above and beyond just answering my questions. John and Stefanie Tucson, AZ
  • I have been dealing with an extremely serious health crisis for over three years, and one your physicians asked me more questions, gave me more answers and encouragement than a dozen different doctors who have been treating me!! Janet V Phoenix, AZ
 
 
 

Meet The Experts:

 
 
 
  • Dr. Keane

    Therapist

    Satisfied Customers:

    1262
    Clinical Psychology PhD, Licensed Professional Counselor with experience in marriage/family, teens and child psychology.
< Last | Next >
  • http://ww2.justanswer.com/uploads/DR/Dr.Keane/2013-8-20_204325_drkeane.64x64.jpg Dr. Keane's Avatar

    Dr. Keane

    Therapist

    Satisfied Customers:

    1262
    Clinical Psychology PhD, Licensed Professional Counselor with experience in marriage/family, teens and child psychology.
  • http://ww2.justanswer.com/uploads/RE/resolutions66/2011-1-17_05728_IMG8202smilingeditedforJustAnswer.64x64.jpg Elliott, LPCC, NCC's Avatar

    Elliott, LPCC, NCC

    Psychotherapist

    Satisfied Customers:

    5024
    35 years of experience as a Licensed Professional Clinical Counselor, National Certified Counselor and a college professor.
  • http://ww2.justanswer.com/uploads/formybunch/2010-12-06_191055_img_0975.jpg Kate McCoy, M.Ed, NBCC, LPC's Avatar

    Kate McCoy, M.Ed, NBCC, LPC

    Therapist

    Satisfied Customers:

    3733
    Over 20 years experience specializing in anxiety, depression, drug and alcohol, and relationship issues.
  • http://ww2.justanswer.com/uploads/DR/DrAkiraOlsen/2012-2-20_746_AkiraADpicmain.64x64.jpg Dr. Olsen's Avatar

    Dr. Olsen

    Psychologist

    Satisfied Customers:

    2336
    PsyD Psychologist
  • http://ww2.justanswer.com/uploads/norriem/2009-5-27_134249_nm.jpg Norman M.'s Avatar

    Norman M.

    Psychotherapist

    Satisfied Customers:

    2193
    UK trained in hypnotherapy, counselling and psychotherapy and have been in private practice. ADHP(NC), DEHP(NC), UKCP Registered and ECP.
  • http://ww2.justanswer.com/uploads/PsychologyProf/2010-07-15_171248_logos060400409.jpg Dr. Michael's Avatar

    Dr. Michael

    Psychologist

    Satisfied Customers:

    2177
    Licensed Ph.D. Clinical Health Psychology with 30 years of experience in private practive and as a clinical psychology university professor.
  • http://ww2.justanswer.com/uploads/KURTEMMERLING/2010-07-23_215531_just_ask_picture1.jpg Steven Olsen's Avatar

    Steven Olsen

    Therapist

    Satisfied Customers:

    1727
    More than twenty years of expertise in counseling, psychological diagnosis and education
 
 
 
Chat Now With A Mental Health Professional
Dr. Z
Dr. Z
Mental Health Professional
5744 Satisfied Customers
Psy.D. in Clinical Forensic Psychology with a background in treating severe mental illnesses.