Open this link on your smartphone for mobile psychiatric crisis information.
One option for those seeking to help a loved one with disabling psychiatric disease who is unable to make self-interested medical decisions is to petition for guardianship. Guardianship is a legal relationship that allows one individual (the guardian) to make personal decisions for a person found to lack the capacity to maintain their own health and safety (the ward).
Guardianship laws vary from state to state, and the process depends on your state’s laws. It is essential to thoroughly familiarize yourself with the relevant laws in your state to determine whether they are suitable for your loved one’s circumstances. In addition, guardianships in one state may or may not be honored if your loved one is hospitalized in another state.
You’ll find general information about state guardianship laws in Guardianship Proceedings and Powers. Information about guardianship laws in your own state may be available from your county probate court (which is likely to handle guardianship petitions) or the mental health department.
The National Guardianship Association (NGA) is another resource. The NGA recommends guardianship when alternatives have proven ineffective or are unavailable. Among the alternatives the NGA identifies:
- Representatives or substitute payees
- Case/care management
- Durable powers of attorney for property
- Durable powers of attorney for health care (a form of advance directive)
- Community agencies/services