What are a person’s rights in a mental health commitment process?

In Washington, a person’s rights in a mental health commitment process are outlined and protected by the state’s Mental Health Law. A person must be examined by a medical professional, such as a psychiatrist, psychologist, or mental health counselor, to determine that they are mentally impaired and unable to take care of themselves. If they are determined to be mentally impaired, they can be held at a mental health facility for up to two weeks for further evaluation and treatment. During this period, the person has the right to an attorney and to a hearing before a judge, where they can contest the commitment and make their case for why they should be released. The person also has the right to ask for a second opinion from a mental health professional before being committed. They can also refuse medications or treatments and can request to see visitors who have been approved by the mental health facility. After the commitment period, other options are available, including out-patient treatment and partial hospitalization. In any case, a person’s rights are protected by the state’s Mental Health Law and they can not be held against their will or treated without their consent.

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