Mental Health Treatment for Guardians in Michigan

When it comes to supporting family members through mental health challenges, understanding your options—and the state laws—can make all the difference. Here’s a guide to help you navigate the process of obtaining mental health care for someone you love in Michigan.

Guardianship and Consent: Who Can Approve Treatment?

Guardians can authorize mental health treatment for those under their care, but there are exceptions. For example, inpatient involuntary hospitalization always requires court approval. If your loved one isn’t open to treatment, you can apply to the court for permission to pursue involuntary treatment. Remember: any treatment must be documented in the Annual Report on Guardians.

When Courts Get Involved

Sometimes, the court may mandate treatment for individuals living with mental illness. This could mean hospitalization or participation in a community mental health program, overseen by a psychiatrist. The court will consider the individual’s (and guardian’s) preferences about medication and any advance directives already in place. Treatment options can include medication, therapy, day programs, skills training, and community support services.

How to Start the Conversation

Before seeking legal intervention, have an open and supportive conversation with your loved one about your concerns—it could make all the difference. Take note of dates and locations where you observed behaviors that suggest a need for treatment. Whenever possible, encourage voluntary admission for evaluation or treatment. Under Michigan law, adults can choose to receive treatment at a facility of their preference without court involvement. However, if a voluntarily admitted individual needs additional care, facilities may petition the court for further action.

Where Can Adults Receive Care?

Voluntary treatment is available at both private and public facilities. If a court order is necessary, the court will determine where the treatment will take place. For resources, Oakland Community Health Network provides a comprehensive list of facilities offering voluntary and involuntary treatment options.

Emergency Procedures: Getting Someone Help Fast

Sometimes, urgent situations require immediate action. There are three main ways to arrange emergency transportation for evaluation to Common Ground Crisis Services in Oakland County, Michigan:

1.      Law Enforcement Protective Custody: If a police officer believes someone poses a significant risk to themselves or others, they can take the person to a hospital—even without a court order.

2.      Transport by Medical Certification: If the individual agrees to see a clinician and treatment is deemed necessary, a Clinical Certificate and Petition for Mental Health Treatment can authorize transport via police or ambulance within 72 hours. A court hearing will follow within seven days to assess ongoing care.

3.      Court Order for Transport: If the other options won’t work, you can request a court order for examination and transport. It requires documentation of recent behaviors indicating mental illness and evidence of efforts to secure voluntary treatment. You’ll need to testify and provide examples during an emergency hearing, along with the person’s current address.

Navigating the mental health system can feel overwhelming, but knowing your rights and responsibilities helps ensure your loved one receives the best possible care—voluntarily whenever possible, and with compassion every step of the way.

Guardian Law in Oakland County, Michigan