Legal Rights Regarding Mental Instability of Other People

According to the National Alliance of Mental Illness, 1 in 17 Americans live with a serious mental illness. In any given year there are approximately 57.7 million Americans who experience a form of mental disorder. Dealing with mental disorders is very challenging especially for friends and close relatives. Your legal rights regarding the mental instability of another person depend on your relationship with him. Family and close relatives have rights ranging from guardianship, filing for commitment and the right to the patient's information.
  1. Right to File for Commitment

    • Anyone has the right to file a petition for a mentally disabled person to be committed to a psychiatric facility. Filing for a person to be committed is influenced by the level of harm that the mentally unstable person poses. Parents, relatives and friends can file this petition in the probate court in the county where the patient is located. The person with the right to file can do this without consent from the patient. This is known as involuntary consent. Commitment to a psychiatric facility does not guarantee that the patient will be treated.

    Social Security Benefits

    • A friend or relative who is caring for a mentally unstable person has the right to apply for Social Security assistance. Although the caregiver may not benefit directly, this assistance helps him to properly care for the patient. Even with this right, a caregiver must prove that the patient meets the threshold to be eligible for mental disability assistance from the state.

    Legal Guardianship

    • Legal guardianship laws for people with mental disorders vary from state to state. Relatives and friends have the right to petition a court for legal guardianship of a person with a mental disorder. Legal guardianship enables the caregiver who is above 18 years of age to manage the personal and financial affairs of the patient. Parents with a mentally unstable child who is above 18-years old also have the right to apply for legal guardianship for their adult child.

    Right to Know

    • Close relatives and family have a right to know about the condition of their mental health patient. This is especially important if the patient is committed and admitted in a psychiatric facility. Sometimes the patient must give consent for information about his health to be disclosed to close relatives and family. Medical information that can be disclosed includes: diagnosis, the cost of treatment, the patient's progress, the type of treatment administered as well as the qualification of the professionals treating the patient.

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