Posted on Jul 8, 2016
Can the VA institutionalize me against my will?
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I took a test that showed my depression and anxiety had sky rocketed. Now there are rumblings from the VA of a possible stay at an in-patient clinic. This scares the hell out of me. Can they do that?
Posted >1 y ago
Responses: 17
cpt had a good friend vietnam seal vet, while i was serving in iraq, he had a melt down, was put in va hosp buf ny for 3 months, i dont know the whole story, but it happened, good luck cpt wish the best
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CPT Joseph K Murdock
I don't even know if I am that bad off. Sure I have some depression and anxiety, but everyone gets that once in awhile.
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MSG (Join to see)
but are you taking meds and are the meds working, whats the trigger, this month for me will be july 27 they day my eldest daughter died in car accident while i was deployed in iraq
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I don't think so, but who knows. The VA has been known to overstep their bounds. I hope you aren't a firearm owner...
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TSgt David L.
PVT James Strait - I'm not saying I agree with it, but from what I've read the VA management has procedures in place to notify LEOs of folks with mental deficiencies. I don't know WHAT the criteria is or who makes the determinations/notifications but it sounds like the VA is prepared to restrict some Vet's 2nd amendment rights.
I HOPE it is a bad rumor...
I HOPE it is a bad rumor...
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Some, not all, VA clinics have involuntary commitment privileges within their individual county locations - such action requires the veteran to be a danger to self or others or gravely disabled - the involuntary hold is limited to 72 hours in every state I know of. In California, it is referred to as a 5150 hold. If a veteran presents to a clinic in this emotional or behavioral state and that facility does not have the privilege, they normally call the local police, and then the county medical team conducts the involuntary hold action. My experience has been that VA Behavioral Health staff often works toward having the veteran volunteer for the hospital placement so a hold is not required. The 72 hour "5150" hold in California is considered an assessment hold for the purpose of determining the gravity of the danger or mental disability. Most often, individuals stabilize during that period and are released. If not, an independent judge is required to examine the evidence of need and order additional time and the individual has the right to legal representation. This procedure is pretty typical of all behavioral or mental health clinics around the nation - not just VA. I hate to even think what the actual veteran suicide rate would be if this process didn't exist.
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CPT Joseph K Murdock
Thank you for the information. I am not a harm to myself and others, I have bouts of depression and anxiety but those fuckers have mentioned in patient for me. If this was the case then a quarter of the population should go in patient.
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SMSgt David Zobel
Usually, in-patient is recommended to help a person stabilize - thinking too much about "ending it all," or so depressed they're losing weight & getting their blood test balances all whacked. Some psychotic symptoms are alarming and it's sometimes difficult to find the right medication on an outpatient basis. It doesn't sound like any of that is happening for you. Sometimes, in-patient or residential placement is recommended when alcohol or drugs are having a huge impact, but those programs are very different from psychiatric hospitalizations. One suggestion I would make is to see what concerned family members might be saying to your providers - Sometimes, the alarming information comes from them and you might not even know.
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An important component to keep in mind is your rights. By voluntarily seeking treatment as opposed to being committed, you lose fewer rights. Once a Judge adjudicates you as having a mental illness, you lose your 2A rights.
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Look up involuntary commitment, and baker act. All states as well as federal law have such statutes and laws
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Federal law allows a doctor or police officer to put anyone in a mental Institute under doctor care for evaluation for 72 hours. All they need is suspicion that you are a danger to yourself or others. Or if say your nieghbor hates you and calls the cops on you for no reason and says they think you are a danger, they can enter your home with no warrant, and hold you. They can then take your weapons for "safe holding" though then you need a court order to get them back and an independent evaluation for one year then it is still up to the discretion of the police chief to give them back. I know it happened to me, i was only held 3 hrs and found fine, they took my son and I out of the house at gun point in cuffs. Left me standing in my underwear in front of my house for 30 minutes, with 8 cops on scene with shotguns , rifles and handguns. I was in the bathroom at the time they came in to get me.
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