Speaker(s):
Presentation:
Guardianship proceedings over a mental health consumer will result, if successful, in that consumer losing a great deal of personal autonomy. Such a decision by a family member or clinician is fraught with moral and ethical considerations. On the other hand, for those consumers rendered incapable of making rational choices regarding their health or personal affairs due to a mental illness or intellectual disability, failure to do so in a timely fashion can also lead to harm. Clinicians called upon to give testimony in this area may be inexperienced in court or in working with attorneys.
Dr. Reynolds will discuss clinical, legal, and ethical implications of instituting guardianship proceedings based on his experiences with the Missouri Department of Mental Health. He will also give tips on how to prepare for court and effectively present one’s case from the witness stand. This lecture will be similar to the one given on this topic in 2021, but with adjustments based on audience feedback. Questions and personal anecdotes from the audience will be encouraged.
Objectives:
-
Identify major factors in recognizing the need for guardianship proceedings when working with a consumer.
-
Learn effective ways of communicating clinical principles to legal professionals and jurors.
-
Identify special areas of interest to the court in guardianship hearings, including the right to vote, the right to drive, and the right to marry.
-
Identify some harms that might arise from delaying guardianship proceedings when they are clinically indicated.