2000 suplement 1

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Volume 9, suplement 1

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The problems involved in involuntary commitment to psychiatric hospital

Postępy Psychiatrii i Neurologii, 2000, 9, suplement 1(9), 109-114
Keywords: involuntary commitment to psychiatric hospital, lack of competence to express informedconsent, incompetence, Mental Health Act

Abstract

The author analyses 941 court proceedingsinvolving involuntary commitment to theAdrianDemianowskiPsychiatric Hospital in Wrocławin 1995-1996. He found that 123 patients(13.1%) had been hospitalised after they hadwithdrawn consent (usually within 48 hours)whereas in a further 206 cases (22% of all casessubmitted to court) capacity to give voluntary consentfor hospitalisation was questioned. In 31 cases(3.3%) court proceedings were initiated only becausethere was no other way of hospitalising individualslacking the competence to express consent.The author believes that the present findingscorroborate earlier observations that the MentalHealth Act and other legal regulations lack appropriateprocedures for admission to psychiatric hospital of individuals who are incompetent yetlegally capable and for the isolation of these individualsfrom individuals who are competent ofexpressing consent but are involuntarily committedfor legal reasons.

Address for correspondence:
Dr Janusz Morasiewicz, Katedra Psychiatrii AM, ul. Kraszewskiego 25, 50-229 Wrocław