involuntary hospitalization and outpatient services laws - Disability ...
involuntary hospitalization and outpatient services laws - Disability ...
involuntary hospitalization and outpatient services laws - Disability ...
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Court Decision on Involuntary Treatment<br />
__________________________________________________<br />
The court must answer the following questions when deciding whether to<br />
order that a person may be involuntarily treated while hospitalized:<br />
Does the person lack the capacity to make an informed decision regarding<br />
treatment?<br />
Is the person is unable or unwilling to comply with recommended<br />
treatment?<br />
Is there a need for treatment? The need may be based upon a finding that:<br />
o a failure to treat the illness is likely to produce lasting or irreparable<br />
harm to the person; or<br />
o without the recommended treatment the person's illness or<br />
<strong>involuntary</strong> commitment may be significantly extended without<br />
addressing the symptoms that cause the person to pose a likelihood of<br />
serious harm.<br />
Does the need for the treatment outweighs the risks <strong>and</strong> side effects?<br />
Is the recommended treatment the least intrusive appropriate treatment<br />
option?<br />
3864 MRSA §3864(7-A)<br />
may:<br />
Court Order on Involuntary Treatment<br />
__________________________________________________<br />
If the court answers all the questions under the previous heading YES, it<br />
Grant the hospital power to implement a recommended treatment plan<br />
without a person's consent for up to 120 days or until the end of the<br />
commitment, whichever is sooner, OR<br />
Appoint an individual to act as a surrogate to make treatment decisions on<br />
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