For 12 years I have been bombarded with antipsychotics, into…

Generally, this is how this works:

If a doctor believes that person is a danger to him/herself or others the doctor can put this person on what is called a Form 1. This means the person needs to stay in the hospital for 72 hours for a psychiatric assessment.

Then,within the 72 hours a different doctor needs to make a different psychiatric assessment and then decide if the person could leave, could stay voluntarily or must stay involuntarily.

If the decision is for involuntary admission the person is placed on what is called a Form3 and the admission can last for up to two weeks.

After the 2weeks are up the doctor can renew the admission and then it's for 4weeks. (Form 4) and then this can continue to be renewed.

At each stage the patient has a right to challenge the decisions and they can go before what is called the Consent and Capacity board and have legal representation if they wish.

With respect to treatment, the doctor can put a patient on a Form 1 if they feel the person is incapable of making a decision about treatment or if treatment for this same disorder had helped in the past.

If the doctor wishes to treat the patient, the patient, just as with any patient, has to be told the details and the risks and the side effects etc as informed consent is still required.

However, if the doctor believes that the patient is incapable of giving informed consent the doctor will make a finding called a "incapable to consent to treatment" designation. Again there is a right to challenge this designation.

Once there is the designation and if there is no Power of Attorney for Personal Care, the doctor needs to find someone to make the decision about the treatment.

This is the order that doctor must go in to find the person:
the guardian (if there is one), the spouse or partner, the child (16 or older), the parent(s), the siblings, other family members, and the Public Guardian and Trustee. The first willing and able person will become your "substitute decision maker".

The doctor can also ask the patient (if capable) or the substitute decision maker to be on what is called a Community Treatment Order (CTO). That gives the patient the chance to leave the hospital so long as the patient remains on the treatment plan.

You can call ARCH Disability Law Centre and they can provide advice and also suggest how to find a lawyer if you need one.

Here is a link to their website:

http://www.archdisabilitylaw.ca/

Does that help as a starting point?

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