Chapter 17 - CHAPTER 17 MENTAL HEALTH ISSUES: AN OVERVIEW FOR ELDER LAW ATTORNEYS

• Jurisdiction: Colorado

Chapter 17 MENTAL HEALTH ISSUES: AN OVERVIEW FOR ELDER LAW ATTORNEYS

Jonathan Culwell, Esq.

SYNOPSIS

§ 17.1 COMMON DIAGNOSES

§ 17.2 TOOLS AND RESOURCES

§ 17.2.1—Colorado's Psychiatric Advance Directive

§ 17.2.2—Powers of Attorney

§ 17.2.3—Guardianship and Conservatorship

§ 17.2.4—Voluntary Application for Mental Health Services

§ 17.3 INVOLUNTARY MENTAL HEALTH TREATMENT

§ 17.3.1—The General Structure of Involuntary Care and Treatment

§ 17.3.2—Access to the Mental Health System

§ 17.3.3—Certification for Short- and Long-Term Treatment: Gravely Disabled and Dangerousness

§ 17.3.4—Short-Term Certification Procedure: Due Process

§ 17.3.5—Long-Term Care and Treatment of Persons with Mental Health Disorder: Procedure

§ 17.3.6—Involuntary Medications and Special Procedures

§ 17.3.7—Electroconvulsive Therapy

§ 17.3.8—Eating Disorders

§ 17.4 FINAL THOUGHTS

Mental health law is the practice of law as it relates to involuntary mental health treatment and the issues related to using legal tools and resources to either care for someone who is presenting behavior caused by a mental health disorder or to keep others safe from such behaviors. A significant factor to consider in this practice is the individual's civil rights, as there should be very careful thought given when taking a person into custody and when altering brain chemistry without permission. This chapter focuses only on the civil practice, although there are many reasons an attorney familiar with the criminal defense of persons with a mental health disorder may need to become involved in a matter.

It can be helpful for the practitioner to know whether there has been a formal diagnosis made for a particular client, or if there are reasons to...