If you have a family member facing a mental health challenge or disorder, they may not fully recognize how serious their situation is. This lack of awareness can make it difficult for them to acknowledge their need for external assistance in managing their well-being. In such cases, it often becomes the responsibility of family members to step in and support their loved one during this difficult period. Your ability to help may be limited, especially if your loved one has been committed to a treatment facility. While your intentions are to support them, the complexities of their mental health situation may necessitate professional intervention and care that exceeds what family members can offer.
One of the most challenging aspects of this entire discussion is that you may not be able to provide all the help that your loved one needs when it comes to their mental health. After all, this is understandable. While you may have a big heart for your loved one and want nothing more than to care for him or her the best that you can the simple truth is that you are not a mental health professional. You may have experience helping your loved one but that does not mean that you are adept at diagnosing conditions, helping your loved one in a crisis, or dealing with any of the other challenges associated with a mental health condition. In short, you need help but may not know where to find that help.
Temporary Commitment for Your Loved One
One of the options that could be considered by you and your family is to find out more about having your loved one temporarily committed to a mental institution. There are certain connotations and assumptions made when it comes to mental institutions. Most of those are negative. However, these mental health facilities exist for a reason. As a last resort when no other remedies have been effective, you and your family can work together to see if this option is one that you should pursue in the long term.
However, if your loved one will not agree to being admitted to one of these facilities then you need to determine what your options are as far as having him or her involuntarily committed. In Texas, there are laws related to involuntary commitment. This means that you and your family could utilize specific legal means to have your loved one committed to a mental hospital or the psychiatric ward of a traditional hospital against his or her will. Again, this is probably something that we are familiar with either with first-hand experience or based on the scene from a television show or movie. It is much less entertaining, however, to be going through this type of circumstance in your personal life versus seeing it play out on the big screen.
Emotional Challenges of Involuntary Commitment Decisions
Without a doubt, even if you understand the process of involuntary commitment perfectly it is still a challenge to be able to go through the steps that are part of the process. Much of the reason for this is that it is a challenge emotionally to deal with everything that comes with involuntary commitment. It goes against our nature as human beings to force an adult to do something against their will.
This is especially true when it means limiting that person’s autonomy and freedom to do certain things on their own. Involuntary commitment is no joke when it comes to what the person goes through and the extent to which the mental health providers are going to work with that person to try and help him or her. As a result, you and your family need to feel confident that this is what is in your loved one’s best interests.
Bear in mind, that even if you are having some second thoughts or doubts about the commitment taking this step can be something that helps save the life of your loved one. Even if he or she has never gone through a mental health crisis before you have no idea how close he or she is to suffering a mental breakdown and then potentially taking some sort of action that could harm themselves or another person. For that reason, you need to not only be confident that what you are trying to do is the right thing, but you need to be aware of what is going on in the life of your loved one.
Proximity and Understanding in Considering Involuntary Commitment for a Loved One
If you are a concerned relative of a family member going through a mental health issue, then you need to seriously think about how close you are to him or her. The closer your relationship with that person not only will he or she trust you more, but you will have more first-hand knowledge about the problems in that person’s life.
Making recommendations about involuntary commitment can be difficult when you are living in a different state and only hearing about the problems with your relative second hand. As a result, if you can spend time with your relative then you may find out that the need for an involuntary commitment has been overblown or are not necessary. On the other hand, there are legitimate reasons to consider an involuntary commitment and that is what we are going to be discussing in today’s blog post from the Law Office of Bryan Fagan.
It’s important to note that considering involuntary commitment for your relative does not mean you are giving up on them. On the contrary, it is much easier for you to sit idly by and watch your relatives struggle with their mental health from the comfort of your own home. Seeing your loved one recede into the background of your home life and become a shell of who he or she once was it’s easier. It is much more challenging for you 2 listen to your heart and do what you think is best for him or her.
Involuntary Commitment and Guardianship Processes
When you find yourself in a position where you believe your family should consider committing a loved one to a mental institution, even against their will, then today’s blog post from the Law Office of Bryan Fagan is for you. Along with the process of involuntary commitment, the attorneys with the Law Office of Bryan Fagan are here to help you learn more about how the guardianship process works. To become a guardian of an adult you would need to petition the court, have a hearing, and complete the necessary paperwork to explain to a judge why you believe that your loved one needs a guardian. The website for the Law Office of Bryan Fagan has a devoted page to guardianship matters where we provide you with paperwork, forms, and other information that can be helpful to you during this time of uncertainty.
Additionally, if you have questions about the material contained in today’s blog post then please do not hesitate to contact the Law Office of Bryan Fagan. Our lead estate planning and guardianship attorney, Megone Trewick has the experience, knowledge, and compassion that you need when dealing with a subject matter as serious as a loved one suffering from a mental impairment. We place our clients first and always seek to provide guidance based on the best interests of our clients. Do not assume that an issue will be resolved on its own or without further action. It may be that you are all that standing in between your loved one and a life of uncertainty and discomfort. Talk to one of our attorneys today at no charge to learn more about how you can better serve your family through a guardianship proceeding.
What do you need to know about involuntary commitments?
When you begin to consider an involuntary commitment of a loved one the first thing for you to consider is that he or she likely has more resources available in your community than you would believe at first glance. Even if your loved one has no income or insurance there are likely free clinics, charitable organizations, mental health facilities, and other resources in the community that will be willing to treat your loved one at either a reduced cost or for free. This is to say nothing of religious organizations that have individuals on various councils and bodies within the church who would be willing to talk with your loved one at no charge. Therefore, if these are not resources that you have investigated extensively then you should certainly do so before you consider an involuntary commitment.
However, there may also be situations where it has become clear that your loved one is unable to care for themselves. Not bathing for extended periods, eating sporadically, gaining, or losing weight due to choices when it comes to diet and activity as well as making threats of harming themselves are all examples of situations where an involuntary commitment may become necessary. We say necessary because it has become clear that your loved one’s health and well-being are at stake. It is no longer a matter of him or her being comfortable or your family thinking that you can handle matters within the home. When you find yourself in this position it becomes clear that additional resources need to be expended towards helping your loved one.
How can you begin the process of involuntary commitment?
In Texas, you must obtain a mental health warrant to initiate the involuntary commitment process. This warrant notifies others that a Magistrate Judge has ordered the emergency apprehension and detention of your loved one. To secure this warrant, you or another individual must apply to a judge with the authority to issue the order for emergency apprehension. While the warrant does not guarantee an apprehension or hospital admission, it ensures your loved one will receive an evaluation to determine the least restrictive care needed.
When you’re ready to take action, contact your county clerk or the justice of the peace office. Many Texas counties, especially larger ones, have offices for filing warrant applications. You can find this information online or speak with an operator at the county clerk’s office. Different paperwork may be required based on your location and county regulations. After completing the warrant application, submit it to the appropriate judge, who must find reasonable cause to believe that your loved one shows signs of mental illness and poses a substantial risk of serious harm to themselves or others to approve the application.
Provide specific details in your application, as the judge may not know your loved one. Collaborating with experienced guardianship attorneys, like those at the Law Office of Bryan Fagan, can help you complete the necessary paperwork effectively. You must clearly demonstrate the urgency of the situation to the court, as you seek emergency measures to restrain your loved one against their will. If the judge finds an emergency exists, they will approve your application and issue a warrant. Law enforcement will then be dispatched to apprehend your loved one and transport them to a local mental health facility.
What happens once your loved one is in a mental facility?
Once law enforcement picks up your loved one and takes them to a mental health facility, a doctor will provide a medical certificate within one day of their admission. This certificate allows the court to determine whether a judge needs to issue an order of protective custody. A probate court judge will issue this order after a court application for mental health services is filed. It is important to note that the court must have at least one physician’s certificate on file to issue an order of protective custody. This certificate must include sufficient facts to convince the court that your loved one is mentally ill and poses a serious risk of harm to themselves or others.
The due process in this situation continues beyond the initial steps. After issuing the order of protective custody, the court must hold a hearing within 72 hours to decide whether to keep your loved one in a mental institution or release them. However, a subsequent mental health hearing will also take place, and your loved one will remain detained until that hearing occurs. Typically, this mental health hearing must happen within two weeks of their detention.
During the mental health hearing, the court may hear testimony from you or any other family member who applied for the warrant, as well as doctors, treating providers, and your loved one. The judge can dismiss your application, order outpatient treatment, or mandate that your loved one undergo inpatient psychiatric care at a mental institution. It’s important to remember that these hearings usually take place at the mental institution where your loved one is currently staying.
Conclusion
Navigating the complexities of supporting a loved one with mental health challenges can be incredibly difficult, especially when they may be mentally committed to a treatment facility. It’s important for family members to recognize the limitations of their ability to provide assistance and to understand that professional help is often essential for effective care. By fostering open communication and encouraging their loved one to seek the necessary treatment, family members can play a crucial role in their recovery journey. Ultimately, understanding the nature of mental health issues and the importance of professional intervention can lead to a more supportive environment that promotes healing and well-being.
With so many moving pieces to this application process and with so much at stake, having experienced attorneys by your side to help guide you through the process is incredibly important. The attorneys with the Law Office of Bryan Fagan not only understand the involuntary commitment process but also each step that you will encounter along the way. We focus on detail and empathize with your family’s situation, equipping us to help you manage this process and prioritize what is best for your loved one and your family.
Other Related Articles
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- Children’s Rights and Mental Health Considerations in Texas Divorces
- Are You Facing Mental Health Problems During a Divorce?
- Should I Mention My Ex’s Mental Illness During Our Custody Case?
- What Happens When a Noncustodial Parent Suffers From a Mental Illness?
- Guardianship Of Persons with Mental Illness In Texas
- Children’s Rights and Mental Health Considerations in Texas Divorces
- Parents with Mental Illness And Child Custody Battles
- Should I Mention My Ex’s Mental Illness During Our Custody Case?
- How to help a mentally ill family member
Questions about the material contained in today’s blog post? Contact the Law Office of Bryan Fagan
If you have any questions about the material contained in today’s blog post please do not hesitate to contact the Law Office of Bryan Fagan. Our licensed guardianship attorneys offer free-of-charge consultation six days a week in person, over the phone, and via video. These consultations provide an excellent opportunity to learn more about Texas guardianship law and how your family’s circumstances may be affected by filing a guardianship or probate case.
Bryan Fagan, a native of Atascocita, Texas, is a dedicated family law attorney inspired by John Grisham’s “The Pelican Brief.” He is the first lawyer in his family, which includes two adopted brothers. Bryan’s commitment to family is personal and professional; he cared for his grandmother with Alzheimer’s while completing his degree and attended the South Texas College of Law at night.
Married with three children, Bryan’s personal experiences enrich his understanding of family dynamics, which is central to his legal practice. He specializes in family law, offering innovative and efficient legal services. A certified member of the College of the State Bar of Texas, Bryan is part of an elite group of legal professionals committed to ongoing education and high-level expertise.
His legal practice covers divorce, custody disputes, property disputes, adoption, paternity, and mediation. Bryan is also experienced in drafting marital property agreements. He leads a team dedicated to complex family law cases and protecting families from false CPS allegations.
Based in Houston, Bryan is active in the Houston Family Law Sector of the Houston Bar Association and various family law groups in Texas. His deep understanding of family values and his professional dedication make him a compassionate advocate for families navigating Texas family law.
