Overview:  The degree of mental challenges that an individual might be faced with can vary on a continuum ranging from mild behavioral/emotional matters up to severe, debilitating mental illnesses.  A mentally unstable individual may move along the continuum scale at be at different stages of mental capacity at different points of time.  Accordingly, the issue of whether they can make good sound decision in regards to their own well being can become a complex, perplexing matter.  

In the eyes of the laws, an adult (18 years of age or older) is assumed to be mentally competent unless proven otherwise.  In the event of a mental health crisis and/or sustained mental illness, family member and concerned parties can alarmingly find themselves legally prevented from intervening or acting on the behalf of their loved ones afflicted with mental health issues.  Accordingly, if severe future mental health issues are anticipated to occur, certain precautions might be advised and warranted.    

For example, it is not unusual for individuals taking prescribed medications for their diagnosed mental health conditions to self adjust their dosage and/or quit taking their medications completely, thinking that they are doing well and concluding that they do not need to be medicated.  Without proper medication they might spiral into a precipitous, altered state of mind – even culminating in a psychotic break.    

In our society, adult individuals’ rights of privacy and self-determination are highly protected.  Accordingly, if a person is deemed not to represent a risk to harm to themselves or others, they are also most likely deemed to have an inalienable right to make their own decisions regarding what anyone else deems is in their best personal interest and safe, well being.

Thusly, a mentally ill person may be cast out and left to fend on their own, even if they are ill equipped and/or completely unable to cope with lives challenges.  Whether a person with severe mental issues is an athlete, young or old, they are at great risk to be abandoned and/or neglected.  The role of parents, spouses, siblings and/or other caring/concerned parties can be paramount in trying to assist and support individuals with debilitating mental issues (intermittently or permanently present). 

Legal Rights to Intervene, Make Decisions for an Incapacitated or Mentally Compromised Individuals:

Parents are assumed to have stewardship over the affairs of their minor children.

Powers of Attorney:  Powers of Attorney can be prepared in writing, pre-agreed to and arranged by the party to whom the powers are being granted over, witnessed and notarized.  Essentially, identified 3^rd parties are thusly granted the authority to make decisions and take actions on behalf of a person that might become incapacitated — medically determined to be unable to make their own decisions.    If an adult is conscious, sound of mind and capable of making their own decisions, then a Power of Attorney become subordinate to the individual’s expressed wishes.   

Powers of Attorney can grant either financial or medical decision rights, or both.  It is advised that an attorney be engaged to prepare desired Powers of Attorney documents.

 Guardianship (Personal Affairs) and Conservatorship (Financial Affairs): 

Legally granted “Guardianship” and “Conservatorship” right are very serious matters that are handled through probate courts.  A legally granted Guardianship grants a Guardian legal authority to make personal decisions for the individual for whom the Guardianship is granted.  A Conservatorship allows the Conservator to make financial rights for the person for whom the Conservatorship is granted.  

Unlike the Power of Attorney, the Guardian or Conservator assumes precedence and the will of the person that the Guardianship and/or Conservatorship is granted is subordinated.   The person over whom guardianship is sought will be assigned a Guardian Ad Litem to represent them, as their attorney.  If the person for whom Guardianship and/or Conservatorship is sought resists surrendering control, then the courts will most often side with the expert suggestion of a knowledgeable, involved, medical attendant, i.e., the person’s doctor who endorses granting Guardianship and/or Conservatorship.  The requested Guardianship and/or Conservatorship process can take several months to be conducted, concluded and awarded. 

Powers of Attorney, Guardianships and Conservatorships convey a grave responsibility to those granted authority to act on the best behalf of the person over whom such authority is granted.  In the absence of the existence of pre-arranged, bestowed legal rights of decision making authority, seriously mentally compromised persons are often left to the mercy of their own mental demons and afflictions.

If one of your adult loved ones is judged to be likely to suffer future bouts of severe mental health crisis, it is suggested that you take preparatory, legal, precautionary steps so that you can be there and able to support and protect them in their time of need.