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What is Mental Health Custody?

The objective of mental health guardianships is to offer the best treatment, surveillance, and different home improvements to people with serious mental conditions. However, at the same time, it strives to also protect their individual rights. The process for obtaining a mental health guardianship is specific, and it should be understood by the guardian and relatives of the conservatee in order to ensure they are receiving the professional care they deserve.

Beginning of the Mental Health Guardianship Process

Members of the individual's family or other reserved parties cannot initiate a mental health guardianship. Only the specialized mental health treatment staff of the medical center where the future conservatee is being treated can initiate the process. The first thing to do, then, is to request a full investigation by the public conservator's office.

In the event that the investigation of the public curator has a consultation with the specialized personnel of the psychiatric center, the curator may activate a formal request to the probate court for it to grant a temporary mental health conservatorship and, in this way, achieve a general curatorship later on.

The formal request is called a petition; the person with the disease is legally called “the proposed ward,” and must receive a written notification of the temporary guardianship at least five days before it takes place. As a point to highlight, a temporary guardianship cannot last beyond 30 days, since at the end of that period the judge in charge will make the decision to grant a general guardianship.

Temporary Guardianship

During the 30-day term of temporary guardianship, the public manager must be preparing a complete report written for the court. The report must be nurtured with each of the most important aspects of the proposed ward's medical, psychological, economic, intra-family, vocational, and social condition. It should also include information obtained from the person's relatives, closest friends, social workers, or their mental health therapist.

The public conservator must also investigate how the temporary guardianship develops. This way, they can then use this knowledge to decide for the most optimal recommendations for a general guardianship.

After General Conservatorship is Established

In the general guardianship period, the ward can present a request for a hearing to the court at any time. The court may want to challenge the guardianship on the grounds that it no longer meets the legal criteria that were previously established. The person can likewise request a hearing from the court to challenge any rights that have been denied, or any type of powers that have been granted within the guardianship.

Despite it being a general guardianship, the court will continue to maintain supervision over the conservatee. They may also make decisions about whether they may be receiving adequate care, in the least restrictive way to their freedom or not.

Do You Have Questions About Mental Health Custody?

If you, a family member, or an acquaintance wish to learn more about these types of cases, our team of compassionate family law attorneys here at SAC Attorneys LLP can help you. The process can be stressful and confusing, but we can work with you to help it go more smoothly. To learn more, or to schedule a free, no-risk case evaluation, please do not hesitate to contact us today.

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