Cpc Newsletter
| Publication year | 1976 |
| Pages | 1310 |
| Citation | Vol. 5 No. 9 Pg. 1310 |
1976, September, Pg. 1310. CPC Newsletter
The implementation of the Colorado Mental Health Act(fn1) has created controversy and confusion among doctors, mental health workers and other professional personnel responsible for the care and treatment of the mentally ill, as well as lawyers and judges who are called on to protect the interests of those affected by the application of the Act. Most recently, the problems have centered on two provisions(fn2) of the Mental Health Act which restore those persons previously adjudicated mentally ill or mentally deficient to full legal capacity and competency as of July 1, 1976. What effect this restoration has on existing guardianships or conservatorships is uncertain at best. Different interpretations have been argued with no resolution to date. In addition, future guardianships and conservatorships under the CPC may be adversely affected by other provisions of the Mental Health Act. This month's newsletter focuses on the impact of the Mental Health Act on existing and future guardianships (of the person) and conservatorships under the CPC.
The Mental Health Act was first enacted in 1973; however, it did not go into effect until July 1, 1975.(fn3) The Act attempts to provide a statutory scheme for the care and treatment of the mentally ill on a humane basis without deprivation of rights or liberty. In contrast, a person who was adjudicated under prior mental health statutes lost his legal status and civil rights.(fn4) Although the prior statute did make provision for representation by an attorney(fn5) and for care and treatment,(fn6) the new Mental Health Act guarantees the right to treatment, the right to vote, confidentiality of records, the right of privacy, and protection against discrimination and, further, requires periodic administrative and judicial review.(fn7) If properly followed, it is not possible to place a mentally ill person in a hospital for an indefinite period of time without court review and approval.
Under Article 14 of the CPC, a guardian of the person or a conservator may be appointed for a mentally ill person. All such guardians or conservators appointed pursuant to prior law were also covered by the CPC.(fn8) When the CPC was enacted in 1973, it was then recognized that the new Mental Health Act would be passed, and sections were enacted to incorporate or use the proceedings under the Mental Health Act or prior mental health statutes as a basis for appointment of the guardian or conservator.(fn9) These provisions, however, were repealed in 1975 in a bill in which there were also amendments to the Mental Health Act.(fn10) The transitional sections which dovetailed the mental health proceeding and the guardianship or conservatorship proceeding under the CPC were eliminated.
A guardian or conservator can still be appointed for a mentally ill person. However, it is no longer possible to use the mental health proceeding as a basis for appointment on an ex parte basis. The court will now have to follow the CPC procedures which provide for examination by a physician and an interview by a visitor sent by the court.(fn11)
To continue reading
Request your trial