Treatment, Right to Refuse: Mental Health

Abstract

Courts have consistently found that adults who are mentally competent have the right to refuse treatment, even if such treatment is considered in their best interests. Given the inherent complications that arise when trying to balance the best interests of patients with their right to refuse treatment, practitioners must be informed about the way in which this dilemma may influence their practice. The right to refuse treatment is viewed from the perspective of therapeutic jurisprudence, which maximizes the constitutional rights of individuals with mental illness. To improve our understanding of the right to refuse treatment, court cases addressing the right to refuse treatment are examined. We further discuss the influence of right to refuse on clinical practice. Specifically, we examine limits associated with the right to refuse including dangerousness, a compelling state interest, a grave medical need, and in some cases as a stipulation of parole. Finally, we provide key considerations regarding the right to refuse treatment relevant to both practitioners and legal advocates.