Information on Voluntary and Involuntary Admission for Treatment

Frequently Asked Questions

Q:        My mother is depressed, but has also been diagnosed with dementia. We do not have a power of attorney.  Can she sign herself into the hospital?
A:         A diagnosis of dementia does not automatically mean that the patient cannot understand the consent decision. However, usually if dementia has been present several years, a patient’s ability to understand the consent decision will be impaired, and it would not be appropriate to have them sign. This will have to be determined on a case-by-case basis.

Q:        How do I tell if the power of attorney I have is valid?
A:         If you fax a copy of the document to us, we can review it.

Q:        My mother passed away recently, and I think my father is depressed. I think he needs to check into the hospital but he refuses to come. He made me health care power of attorney, and I have the documentation. Can I sign him into the hospital?
A:         A power of attorney only becomes active if the patient is incapacitated by some condition and cannot make his or her own decisions. Unless someone is rendered incapable of decision making by severe symptoms such as hallucinations, delusions, or severe confusion, the power of attorney cannot override the patient’s wishes.

Q:        My mother is so depressed she has stopped eating and isn’t taking her medications. We are concerned she is extremely depressed and worried about her safety, but have no power of attorney. She refuses to go to any doctor, much less come to the hospital. What can we do?
A:         Consider Involuntary Commitment.  Information on Involuntary Commitment - If someone is experiencing mental illness and is a danger to oneself or others, a concerned party can pursue involuntary commitment.

If the concerned party is a family member, friend, facility employee such as nurse or social worker, they must appear before the county magistrate and complete a “Petition” for evaluation and treatment. If the Magistrate approves the “Petition” application, then a transportation order will be issued to the county's Sheriff's department or city police. Law enforcement officers will be asked to locate the patient and transport him or her to a hospital or mental health clinic for a mental health evaluation. At the assessment a physician will examine the individual to determine if is there are mental health symptoms that are dangerous to self or others. If the physician agrees that inpatient treatment is needed, he or she will complete the “First Examination”, and staff will attempt to locate a psychiatric hospital that can accept the patient for admission.

It is important to recognize that there are legal standards for what constitutes danger to self or others. It is possible that the county  Magistrate may refuse the “Petition” due to lack of evidence. It is also possible that if the patient is calm and cooperative when examined in the emergency department or clinic, the physician may not feel that hospitalization is necessary, i.e. the physician may find the patient does not meet the legal criteria for involuntary commitment and law enforcement may return the patient to his residence. Therefore, it is important for families and facility staff to document in writing behaviors or actions that are thought to be dangerous to self or to  others, and make sure this information is sent to the assessment with the patient.

The involuntary commitment process is difficult, time-consuming, and not always successful in admitting a patient to the hospital. If there is a health care power of attorney that can be located, it is much more efficient to locate this documentation and have the POA sign the consent for admission than to pursue involuntary commitment, if the patient lacks the capacity for informed consent. If the patient has capacity for informed consent but refuses to consider hospitalization, and is thought to be a danger to self or others because of mental illness, an involuntary commitment is the only way to get the patient admitted.

Q.        We completed a petition but the Magistrate refused to execute the order for assessment. We still feel our mother needs mental health treatment. What can we do?
A.        It is possible for a physician or a Ph.D. psychologist to complete a request for mental health assessment. The physician or Ph.D. must have recently seen or examined the patient and be willing to complete the paperwork. In some cases the Medical Director of a nursing facility can do this, or occasionally the patient’s primary care provider might be willing to do this.

Q.        We feel our mother needs mental health treatment, but whenever we take her to the doctor she denies having any problems. She is not taking her medication and is paranoid someone is poisoning her food. What can we do?
A.        It is possible to seek temporary guardianship of person.  This requires making an application to the clerk of court in the county where the person lives.

Q.        A resident at our facility needs treatment and we are completing the paperwork for involuntary admission. Can you accept the patient for admission?
A.        We cannot accept a patient for involuntary admission until they have been examined and a physician has completed the “First Examination.” If you would like us to consider the patient for admission, ask the physician or facility  to contact us after the assessment of the patient is done and the “First Examination” is complete.

Q.        We completed the paperwork for emergency petition, and asked that the patient be sent to Thomasville Medical Center, but the deputies took the patient to another hospital.
A.        Unfortunately, while the Sheriff’s department is required to transport the patient to a hospital for assessment, it is not always possible to specify which hospital will be used. You may request to the Magistrate to instruct the Sheriff’s department to transport the patient to Thomasville Medical Center if you desire.