Was it legal to hold me as a voluntary patient?

Full question:

I was a voluntary patient twice in a mental health hospital. I requested to leave and was held 14 days one time 9 days the next. I was never offered the form of my intention to leave, and later found out they didn't even have the form or know what it was. Was this illegal to hold me?

Category: Mental Health
Date: 04/07/2025
State: Michigan

Answer:

In Michigan, the law outlines the rights of voluntary patients in mental health facilities. Under Michigan statutes, a voluntary patient has the right to terminate their hospitalization at any time during normal hours (MCL 330.1412). When a patient expresses the intention to leave, the hospital must provide a written form to document this request.

If you were held for fourteen days and nine days without being offered this form or informed of your rights, it raises concerns about whether the hospital followed proper procedures. Specifically, if you were a voluntary patient, the hospital should have allowed you to leave upon your request, unless there was a legal basis for continued hospitalization.

It is advisable to consult with a legal professional who specializes in mental health law to discuss your specific situation and explore potential remedies for any rights violations you may have experienced.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

How long does a typical voluntary hospitalization last?

The duration of a voluntary hospitalization can vary widely based on individual circumstances and treatment needs. Generally, patients can stay as long as they and their healthcare providers deem necessary. However, patients have the right to leave at any time during normal hours, as outlined in Michigan law (MCL 330.1412). This means that while there is no set limit, voluntary patients should be aware of their rights to terminate their stay whenever they choose.

How to get out of a voluntary psych hold?

To get out of a voluntary psych hold, you should inform the hospital staff of your intention to leave. In Michigan, you have the right to terminate your hospitalization at any time during normal hours (MCL 330.1412). The hospital is required to provide a written form to document your request to leave. If you encounter resistance, ask to speak with a supervisor or a legal advocate for assistance.

How long can you voluntarily stay in a mental hospital?

There is no fixed duration for how long you can voluntarily stay in a mental hospital. The length of stay is typically determined by your treatment needs and agreement with your healthcare providers. However, as a voluntary patient, you have the right to leave whenever you choose during normal hours, according to Michigan law (MCL 330.1412).

What happens if you try to leave a mental hospital?

If you try to leave a mental hospital while being a voluntary patient, you generally have the right to do so. In Michigan, you can terminate your hospitalization at any time during normal hours (MCL 330.1412). However, if staff believes you pose a danger to yourself or others, they may attempt to prevent your departure. It's important to know your rights and seek support if you encounter difficulties.

What's the longest a mental hospital can keep you?

For voluntary patients, there is no legal maximum duration for how long a mental hospital can keep you, as you have the right to leave at any time during normal hours (MCL 330.1412). However, if you are held involuntarily, different rules apply, and the hospital may have specific legal grounds to extend your stay. Always consult with a legal professional for guidance on your specific situation.

What is a 14-day hold?

A 14-day hold typically refers to an involuntary commitment period for individuals deemed a danger to themselves or others. This is not applicable to voluntary patients, who have the right to leave at any time during normal hours (MCL 330.1412). Involuntary holds are subject to specific legal criteria and procedures, which vary by state.