Category: Mental Health Law

Therapeutic jurisprudence (TJ) is an interdisciplinary approach to the study and practice of law and the role of legal actors. It aims to focus on the often underappreciated aspect of the law and legal actors’ role in producing therapeutic or antitherapeutic consequences. It is a normative framework that advocates the use of the social sciences… Continue reading Therapeutic Jurisprudence

A number of different methods are used to treat substance abuse. The most common method often used by treatment facilities is 12-step counseling, although little is known about its effectiveness. Treatment modalities include inpatient, day treatment, and outpatient care, usually followed by aftercare. Twelve Step Facilitation Therapy has been scientifically validated but is rarely adopted… Continue reading Substance Abuse Treatment

Psychiatric advance directives (PADs) allow competent persons to document advance instructions for their future mental health treatment or designate a health care agent to make decisions for them in the event of an incapacitating psychiatric crisis. PADs may enhance patient self-determination, improve therapeutic alliance, and prevent psychiatric crises; however, there are a number of legal,… Continue reading Psychiatric Advance Directives

Proxy decision making (also known as substituted judgment) refers to the use of the legal system to replace one person’s judgment with that of another. This process exists to protect individuals from exploitation while allowing them to retain as much decision-making latitude as possible. Society’s interests are served by preventing persons with mental disabilities from… Continue reading Proxy Decision Making

Patients who are subjected to involuntary hospitalization in a psychiatric facility or who accept voluntary admission retain certain rights within the institution. Patients hospitalized because of mental illness do not shed their rights at the hospital door. Although they may not leave the hospital, they retain their rights to the fullest extent consistent with their… Continue reading Patient’s Rights