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State laws regarding conservatorship and mental health

Answered by Dyan Kolb, MSW, LCSW

Question

Is there a law in Michigan where family members can sign a court order to keep a family member in a rehabilitation center?

 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.

   
 

About the Expert

Dyan Kolb

MSW, LCSW

Los Angeles, United States of America

Specialties

Anger Management, Gay Lesbian Issues, Personality Disorders, Child or Adolescent Issues, Divorce, Child Assessments, Trauma and PTSD, Psychosis, Life Coaching, Addiction or Substance Abuse, OCD, Mood Disorders, Parenting, Domestic Abuse or Domestic Violence, Anxiety or Fears, Relationship Issues, Women, Loss or Grief, Compulsive Disorders, Depression, Finding Your Purpose in Life

License

my_license #27767