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Mental Health And The Law: Incapacitation
Incapacitation refers to the state where an individual becomes mentally or physically incapable of managing or doing his or her affairs. In the United States, anyone who becomes incapacitated is entitled by the law to be taken care of by a guardian or a conservator. This paper focuses on facts that Mr. Katz should stress to a psychiatrist in order for him to be appointed as a guardian to Ms. Katz, who is deemed incapacitated. The paper also depicts the facts that her daughter should stress to the same psychiatrist to support that Ms. Katz is not incapacitated.
Mr. Katz should emphasize that his mother is actually incapacitated and requires a series of community based individual and family care, in order for her to live a healthy life for the rest of her life (Rothman, 1980). Moreover, her incapacitation is worsened by the demise of her husband, which deprived her of internal peace of mind. Mr. Katz should also stress that care of his mother should commence as soon as possible in order to prevent her mental condition from worsening much. In addition, this care should be bestowed at her home, rather than in hospital or rehabilitation centre, in order to maintain her social life especially with her family members (Lamb, 1982).
On the other hand, her daughter should stress that it is immoral to justify her mother as incapacitated without her consent. Szasz (1991) stipulates that such a practice equates to rape or slave hold, and thus should be negated at all cost. She should also maintain even if her mother`s painting act is declining in terms of quality, she is still competent as she manages to make a living out of it. No any incapacitated individual can manage to do that.
Lamb H., R., (1982). Treating the Long-Term Mentally Ill: Beyond Deinstitutionalization. Jossey-Bass Publishers, San Francisco.
Rothman D., J., (1980). Conscience and Convenience: The Asylum and its Alternatives in Progressive America. Little, Brown and Co. Boston.
Szasz T., (1961). The Myth of Mental Illness: Foundations of a Theory of Personal Conduct. Delta books, New Yolk.