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Massachusetts Petition For Determination of Incompetency And For Authorization of Medical Treatment

State:
Massachusetts
Control #:
MA-SKU-0970
Format:
PDF
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Petition For Determination of Incompetency And For Authorization of Medical Treatment

The Massachusetts Petition For Determination of Incompetency And For Authorization of Medical Treatment is a legal document used to establish a person's incapacity and authorize a medical professional to provide medical treatment for that person. This petition is typically used when the person is unable to make decisions due to mental or physical health issues. It is typically used to grant guardianship rights to a family member or other responsible party. There are two main types of Massachusetts Petition For Determination of Incompetency And For Authorization of Medical Treatment: the Regular Petition and the Emergency Petition. The Regular Petition is used to determine a person's incapacity and authorize medical treatment when a family member or responsible party has initiated the request, while the Emergency Petition is used when there is an immediate and urgent need for medical treatment. The petition requires information such as the petitioner's name, address, relationship to the incapacitated person, and a description of the incapacity. It must also include a statement from a physician indicating the person is incapacitated and a proposed plan for medical treatment. The petition must be signed by the petitioner, the incapacitated person if they are able to sign, and two witnesses. Once the petition is filed, a court hearing is scheduled and the court will issue an order of incapacity or a guardianship order based on the evidence presented. The court may also appoint a guardian or other responsible party to make medical decisions on behalf of the incapacitated person.

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FAQ

The Patient Has The Right: To be treated in a caring, safe and compassionate way. To receive timely, complete and accurate information. To know the name and specialty of those providing care.

Section 35 is a Massachusetts law that allows a qualified person to request a court order requiring someone to be civilly committed and treated involuntarily for an alcohol or substance use disorder.

What is a Section 12? In Massachusetts, Section 12 of Chapter 123 of the Massachusetts General Laws controls the admission of an individual to a general or psychiatric hospital for psychiatric evaluation and, potentially, treatment.

Senior Principal Clinical Psychologist (8B) ? OPMH Renfrewshire. Responsible to (insert job title): OPMH Operational Manager and Consultant Clinical Psychologist.

Section 8B: Compulsion or coercion to refuse appointment or promotion.

If you are sectioned, you can be kept in hospital, stopped from leaving the ward and given treatment for your mental health problems, possibly without your consent. If you are sectioned, you normally have the right to get help from someone called an independent mental health advocate (IMHA).

Section 12: Emergency restraint and hospitalization of persons posing risk of serious harm by reason of mental illness.

The statute states the commitment may be up to, but not exceed 90 days. The commitment may be less than the 90 days depending on the individual's clinical needs and if they cease to meet the criteria for likelihood of serious harm to themselves.

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Massachusetts Petition For Determination of Incompetency And For Authorization of Medical Treatment