When a loved one refuses help: what to do in the face of worrying mental health?
- Me Lysanne Vermette
- May 12
- 2 min read
When a Loved One Refuses Help: What Can You Do When You're Worried About Their Mental Health?
Are you worried about the mental health of a loved one, but they refuse to seek professional help? Are they saying or doing things that strongly suggest they could be a danger to themselves or others? What can you do?
The foundations of our society rest on the fundamental rights of an individual to liberty, integrity, and inviolability, particularly with regard to healthcare. However, the law does provide an exception to these principles: the garde en établissement. In other words, although an individual has the right to make decisions about their own health, a court-ordered garde en établissement can allow for the evaluation and involuntary confinement of a person in a psychiatric facility when there is a serious and clearly identified danger, the risk of which is high relative to the individual's dangerousness, even if they refuse hospitalization.
But who can make this request?
A physician or anyone else who is concerned about a person's mental state can initiate the process.
But how do you make such a request?
Any person can go to the courthouse in the city where their loved one lives, accompanied by another person as a witness, to file a requête en garde en établissement at the civil division of the courthouse.
But can I be represented by a lawyer?
Yes. Anyone fearing for the safety of a loved one, or for the safety of others around them, can retain a lawyer to handle the drafting, filing, and presentation of such a request before the court.
If the person concerned by your request is eligible for legal aid (aide juridique), services could be free or available at low cost.
You think this might apply to someone in your life, but you're not sure. Every situation is unique.
If you would like to discuss your situation or obtain tailored advice, our lawyers are available to assist you: 438-838-6638 ext. 2 or by email at info@cabinetdux.com.
