Can an involuntarily admitted patient in a mental health hospital be held against their will?

The term mental illness can mean a variety of things, and while not all mental ill individuals are dangerous, some do exhibit dangerous behaviors which can be dangerous to either them or others.

In fact, there are very specific psychoses which may have a higher propensity to commit dangerous crimes. If individuals with these particular conditions are exposed to triggers or other risk factors it can be very dangerous. Unfortunately, when other people, such as family members or friends, recognize someone may be a danger they may have to take immediate and serious action to protect them from themselves or from injuring other people.

Recently on our legal forum a user asked, “My mother was involuntarily committed to a mental hospital. Are they allowed to hold her against her will? What rights does she have as an involuntary patient?”

Holding a mentally ill person against their will

Involuntary patients can be help against their will in a mental hospital. The amount of time and the process to hold the patient, however, will vary by state. Regardless of the state, however, all patients- voluntary and involuntary- have general rights that the state cannot violate. Having standard rights is especially important for the mentally ill who may not have the capacity to protect themselves.

Although an involuntarily admitted mental health patient may have more than these rights, general rights include:

-The right to make phone calls and get help for their medical and legal issues.
-The right to hire a lawyer or have one appointed.
-The right to have someone perform an independent evaluation of their mental health condition.
-The right to have a judge hear and decide their case, often referred to as a civil commitment hearing.

Involuntary Patient and commitment

After a patient has been involuntarily committed to a mental health facility they can be held for a short period of time against their will. After this period expires, however, a hearing will be held where an impartial judge will hear the evidence and decide if continued treatment is needed. At issue is whether or not the judge believes the patient is mentally ill and is a present danger to themselves or to others. The patient is allowed to hire their own legal counsel to present evidence against commitment.

If the judge is convinced the patient is mentally ill and a continued danger, they can order the patient’s involuntary commitment. Some states allow hospitalization for as long as 90 days. During this time the patient may ask to become a voluntary patient, which gives them greater freedoms.

Can the hospital keep me past the initial commitment period?

Some patients who have not improved and who continue to pose a risk to themselves or others may be held past the initial involuntary commitment period. Procedures for requesting an extended commitment period can vary by state.

For example, some states hospitals must submit another application for continued commitment within a specified time before the first commitment period expires. At this point another judicial hearing will be held where the hospital must present evidence that the patient should continue involuntary treatment. If the court agrees, another involuntary commitment period begins. Patients have rights to request a new hearing periodically (e.g., maybe as often as every 180 days).

This could go on for years with the hospital proving the patient is a danger and the patient trying to prove they are not. If at any time the hospital decides the patient is no longer a danger to themselves or other they must be released.

Bottom line:

Patients can be held in a mental hospital against their will, often for months or years. Patients do, however, have rights. For example, if your mother was involuntarily committed she has the right to hire a lawyer and present evidence at her hearing that she is not a danger to herself or others. With this in mind, it’s important to consider the power of the state to hold a patient before having them involuntarily committed.