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21 Quinnipiac Prob. L.J. 294 (2007-2008)
Involuntary Treatment for the Twenty-First Century

handle is hein.journals/qplj21 and id is 304 raw text is: THE QUINNIPIAC PROBATE
VOLUME 21                        2008                NUMBERS 3&4
Our jails and prisons are filled with people whose only real
crime was their inability to get timely treatment for their mental
illnesses. If timely treatment was provided, many of these individuals
would have been able to avoid the conduct that led to their
incarceration and any damage or injury they caused. With every
passing day, the magnitude of this travesty continues to grow. Yet,
this tragic outcome could be avoided if mental illnesses were treated
like all other types of illnesses.  For all other illnesses, if the
individual does not have the capacity to make an informed decision
about treating his or her illness, a third party can be given the power
to consent to timely treatment. However, this is not the case for
mental illnesses. In Michigan, like in most states, the current Mental
Health Code will not permit involuntary treatment for mental
illnesses, even if the individual lacks the capacity to make an
informed decision about treatment of his or her illness, unless that
person is also a danger to self or others. For example, a guardian is
empowered to make end of life decisions, permanent placement
decisions, and other major decisions such      as decisions about
t    On May 10, 2008, the Michigan Probate Judges Association passed a
resolution endorsing this article as its policy for reforming Michigan's mental
health system. A version of this article was originally presented at the 110th
Annual Conference of the Michigan Probate Judges Association on June 13, 2006.
Chief Judge, Wayne County Probate Court, Michigan.

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