Full Answer Section

• Rights of the person: Limited access to certain freedoms like leaving the facility, but retain some decision-making regarding treatment.
• Duration: Temporary hold, unless court orders further evaluation or commitment.

Inpatient Commitment:

• Purpose: Long-term involuntary hospitalization (weeks or months) for individuals posing a serious threat to themselves or others or are unable to care for themselves.
• Initiated by: Petition filed by family member, mental health professional, or state agency, followed by court hearing.
• Criteria: More stringent than emergency hold, requiring evidence of substantial risk or inability to care for basic needs.
• Rights of the person: Significantly reduced, with limited control over treatment decisions and less freedom within the facility.
• Duration: Determined by court order, with periodic reviews for possible release.

Outpatient Commitment:

• Purpose: Court-ordered treatment plan requiring regular attendance at therapy and counseling appointments while living in the community.
• Initiated by: Similar to inpatient commitment, but court may consider outpatient commitment as less restrictive alternative.
• Criteria: May be ordered in place of or following inpatient commitment, indicating ongoing need for treatment but with less risk.
• Rights of the person: More freedom than inpatient commitment, but still have limitations on independent living and choices regarding treatment.
• Duration: Determined by court order, with periodic reviews for possible termination or modification.

Capacity vs. Competency:

• Capacity: A person’s general ability to understand the information presented to them and make decisions about their own treatment. This can vary based on the specific decision being made (e.g., medication consent vs. financial decisions).
• Competency: A legal term referring to a person’s ability to participate in specific legal proceedings, such as a commitment hearing. This typically requires understanding the charges, potential consequences, and ability to assist their attorney.

Remember: These are general explanations, and specific details will vary depending on your state’s laws and procedures. It’s crucial to consult with a qualified mental health professional or attorney for accurate information regarding your specific situation.