Who can make decisions about a person’s mental health treatment?

In Virginia, decisions about a person’s mental health treatment are primarily made by the individual seeking treatment. It is important that the individual is fully informed of their rights and can make a decision that is best for them. That said, there are certain exceptions where individuals may need assistance in making these decisions. For example, if a person has been approved to receive court-ordered treatment, then the court will be involved in making decisions regarding their treatment. The court may also grant permission to family or friends to be involved in decision-making. Another situation when a person may have assistance in making decisions about their treatment is if they are not able to make decisions for themselves due to age or disability. In this situation, a guardian may be appointed to make decisions on their behalf. This guardian will be appointed with the individual’s best interests in mind. If an individual is considered to be a danger to themselves or others, the court may also be involved in the decision-making process. It is important to consult a mental health professional, who can provide more specific advice regarding the individual’s rights and who is in charge of making decisions about their treatment.

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