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Dr. Z
Dr. Z, Psychologist
Category: Mental Health
Satisfied Customers: 10566
Experience:  Psy.D. in Clinical Forensic Psychology with a background in treating severe mental illnesses.
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what type of rights does a mental patient have in and out of

This answer was rated:

what type of rights does a mental patient have in and out of the hospital/treatment center. What are the ways of getting around a community treatment order.

DoctorZ :

Hello I believe I can help you with your question

DoctorZ :

Unfortunately there are some rights that are taken away with community treatment orders because individuals with such orders are required to succumb to involuntary treatment and that can also mean forced medications and taking no alcohol or drugs. In addition, if your caseworker feels that you are not doing well in the community then they can force you into an inpatient hospital

DoctorZ :

Now the rights that you have is that you have a right to a civil court and can present your arguments in front of a judge to see if the community treatment order is required or not. Also if you refuse medications, you cannot be forced to take them, but instead you can present to the court why you feel the medications are not necessary.

DoctorZ :

If the judge rules against you on any of these issues then you will be required to take the medications and comply with the treatment protocols, which means that you have to attend every appointment or give ample notice before why you missed an appointment and try to make it up.

DoctorZ :

Most individuals with community treatment orders do have a right to choose where they live, but on occasion some orders let your case worker visit your home to see if you are living in a healthy environment. If you deny this visit, then it can be seen a violation of your community treatment order and you may be sent to an inpatient treatment facility.

DoctorZ :

Now while getting treatment, especially involving medications, you do have a right to ask for a second opinion

DoctorZ :

A way to get around a community treatment order is to speak to a mental health advocate that can make your case in court why the community treatment order is unjust or against the law.

Customer:

what is a mental health advocate. How do i prove that the community treatment order is ujust or against the law

DoctorZ :

Well a mental health advocate is basically a lawyer that specializes in mental health cases and he/she can appeal the community treatment order, as you have a right to appeal in a civil court on this matter. Your advocate will give you advice on proving that the order is unjust as it will cause you more harm then good or against the law if it violated any procedural rules.

Customer:

how does a person find a mental health advocate?

DoctorZ :

Well it depends on what area you live in, but you can look up lawyers in your area or use your local Canada Mental Health Association (CMHA) branch to help you find a good mental health lawyer. Here is a link that can help you finding your local CMHA

Customer:

thank you

DoctorZ :

Anytime, I am always happy to help

Dr. Z and other Mental Health Specialists are ready to help you