Managing Ward’s Medication Issues

By HSK, April 10, 2014

The thorny and unwieldy issue of forced medication of an involuntarily hospitalized mental patient was recently reviewed by the Tenth district court of appeals.  Not addressed is the growing problem of the necessity of such action for individuals not yet hospitalized or recently released.  The medical literature suggests that mental health problems are growing.  In cases of emergency, probate court jurisdiction is invoked to provide an answer for persons presenting as a danger to themselves or others.  But should the system be geared to require an emergency to provide a solution to chronic problems ?  Many individuals do not want to take their medication; no surprise there.  When such individuals have unilaterally been weaned long enough, the problems that led to the medication prescription start all over again.  Probate courts and the higher appellate courts must start to address this problem.  Legislation is more likely necessary.  Persons appointed to be a guardian by probate court for mentally ill individuals living in the community are placed at risk when trying to manage their ward’s medication ingestion.  Is the guardian violating the civil rights of the ward ?  Is an assault being committed ?  Seek help and have the benefit of a recommendation of a treating physician and a lawyer.

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Katherine Hine
2014-09-27 18:55:24

Forced drugging, particularly of neuroleptics and SSRI drugs, is a serious human rights issue that meets the definition of torture under federal law. Both sets of drugs are documented to be associated with HIGHER risks of violence and lifelong physical and mental disability for which taxpayers pay. The "mentally ill", usually designated as schizophrenic, are more likely to be crime victims than crime perpetrators. Persons diagnosed asa borderline (fka psychopathic/sociopathic) do not meet the legal definition of being "mentaly ill" and remain free to prey on others. The new legislation for forced drugging in the community contains nothing good for anybody. Readers, including attorneys, are urged to question what they think they "know" about this topic.

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