In Vermont, an individual's right to refuse mental health treatment is supported more strongly than the process to compel treatment upon that individual. For those who are sent to a hospital for an "Emergency Evaluation", a sometimes lengthy process starts down the road to decide whether or not that individual is involuntarily committed into "the care and custody of the Commissioner" (of Mental Health). It is, to put it nicely, a convoluted process that can take quite awhile (there is no required deadline for completion of the process).
Some of these individuals, because of their illness, are unable to make choices that are in his/her best interest. Unfortunately for these individuals, unless there is a legal determination of incompetency (and a guardian is appointed), they can make some really bad decisions while they are unable to leave the hospital. For some of these individuals, taking medication would be helpful, but many refuse, and the process to get a court order to override their refusal is another lengthy, convoluted process.
Opponents of this process refer to is as "forced drugging" a pejorative term which does nothing to advance their position. While I would prefer that people not be involuntarily medicated, I see people who are so sick that they cannot ethically be discharged from a hospital. Many have pending legal charges because their illness has contributed toward some unacceptable behavior in the community.
Currently, people are confined to hospitals for prolonged periods of time at taxpayer expense, some with no likelihood of being able to be discharged (I know of one who has been hospitalized for more than a year with no end in sight). It is hard to say that this is OK, but it is the system we have in place today. People have a right to make bad choices. Unfortunately, they do not have a right to be well.
