Section 10.15 Psychotropic Medications

• Library: Trusts and Powers 2013 Supp

D. (§10.15) Psychotropic Medications

Psychotropic medications are used for antipsychotic, antidepressant, antimanic, antianxiety, and behavioral management purposes. They are generally very effective in allowing patients to function normally. They reduce hospital stays, decrease assaults, and prevent suicides. Wenona Y. Whitfield, Capacity, Competency and Courts: The Illinois Experience, 14 Wash. U. J.L. & Pol’y 385 n.1 (2004).

In numerous opinions, the United States Supreme Court has recognized the significant liberty interest in avoiding unwanted psychotropic medications. Sell v. United States, 539 U.S. 166 (2003); Wash. v. Harper, 494 U.S. 210 (1990); Riggins v. Nev., 504 U.S. 127 (1992); Mills v. Rogers, 457 U.S. 291 (1982). “[A]n individual has a ‘significant’ constitutionally protected ‘liberty interest’ in ‘avoiding the unwanted administration of antipsychotic drugs.’” Sell, 539 U.S. at 178. The treatment must be medically appropriate, and if for the

purpose of rendering a defendant competent to stand trial, it must be shown that:

· important government interests are at stake;

· involuntary medication is substantially likely to render the defendant competent to stand trial and substantially unlikely to have side effects that will interfere significantly with the defendant’s ability to assist counsel at trial;

· involuntary medication is necessary to further the government’s interests; and

· less intrusive means are unlikely to achieve substantially the same results.

United States v. Ghane, 392 F.3d 317, 319 (8^th Cir. 2004).

Clearly...