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State laws regarding conservatorship and mental health

answered 01:56 PM EST, Thu December 05, 2013
Is there a law in Michigan where family members can sign a court order to keep a family member in a rehabilitation center?

Dyan Kolb Says...

 Hi. I'm a licensed clinician in the state of California, so I'm not at all familiar with Michigan laws. I can say that some states refer to conservatorship as "guardianship" or "trustee." When a family member is seeking to keep another family member in "treatment," usually the courts become involved to provide that appointing privilege to a capable family member. The circumstances must be severe enough to warrant this, as the courts have mental health appointed workers who psychiatrically evaluate a person who is allegedly incapable of making legal, financial and medical decisions for themselves. This condition is usually referred to as gravely disabled or a person may suffer from a sever developmental disability in which they cannot take care of themselves. Chemical dependency issues, if that is what you are referring to  "rehabilitation center" is not the same. A person with a substance problem may have to experience legal problems related to their chemical dependency, severe enough where the courts order that person to attend and complete rehab as part of a sentence, but not always. As far as I know, I'm not aware of family members obtaining legal rights to mandate a person to rehab treatment. I would highly recommend getting legal advice within your state of interest. Best of luck to you.

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Page last updated Dec 05, 2013

Topics Covered by this Expert
Conservatorship Court Order Rehab Guardianship

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