When is a mental health evaluation or treatment involuntary?

In Kansas, a mental health evaluation or treatment is considered involuntary when a person is not capable of making responsible decisions about their health due to a mental disorder or impairment. This includes situations when the individual is unable to understand their need for treatment or is not able to understand the potential consequences of not receiving treatment. Kansas law requires the court to appoint a guardian for individuals who do not have the capacity to consent to a mental health evaluation or treatment. This guardian will then have the authority to approve or deny mental health evaluations or treatments. If the guardian and a qualified mental health professional agree that the individual requires an evaluation or treatment, it is considered involuntary. In addition, Kansas law requires a physician to contact local law enforcement if they believe an individual is a danger to themselves or others due to a mental disorder or impairment. If law enforcement believes the individual is a danger, they may place them on an involuntary emergency examination. In such a situation, the individual would be taken to a mental health facility and evaluated by a qualified mental health professional. If the mental health professional believes the individual requires treatment, the court may also order involuntary treatment.

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