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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 LAW JOURNAL VOLUME 21 2008 NUMBERS 3&4 ARTICLE INVOLUNTARY TREATMENT FOR THE TWENTY-FIRST CENTURYt HON. MILTON L. MACK, JR.* I. INTRODUCTION 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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