Mental Health Laws and Family Involvement

American Healthcare can be very confusing, frustrating and overwhelming to navigate for most people. To that you add the whole spectrum of additional difficulties faced by people who struggle with mental illness, especially severe mental illness that leads to recurrent psychiatric hospitalizations. Coordinating care and sharing vital information at the point-of-care is almost impossible in our fragmented healthcare system and some mental health laws can make it difficult for concerned parties (clinicians and families alike) to participate fully to get timely and optimum care for their loved ones. The mental health laws do serve a good purpose overall but, in my opinion, are frequently misunderstood and wrongly applied to clinical situations due to the misunderstanding. Adding to the confusion, there are several mental health statutes that may apply to a particular situation and several different terminologies which can further the confusion. 

What is the difference between Advance Directives and Guardianship? How can I get help for my son, if he mentally impaired and not able to seek/be willing to seek help? Can I speak to my daughter and/or her doctors while she is in a psychiatric unit? These are common questions family members grapple with when faced with these extraordinary circumstances. 

Fortunately, the following publication by the Illinois Psychiatric Society can provide some clarifications: 
Legal Mechanisms for Family Involvement

Hope this information helps and better prepares you to navigate the Mental Health Legalese!!
Take care

Nitin Bhosale, MD
TOCDOC