What are the reasons a mental hospital can keep you if you want to leave?

Question

My sister went to a mental hospital and every time we try to get her out they say she does not want to go. The lady at the hospital said she put a 72hr hold on her because we said that we wanted to get her out of their facility.
Then I said I thought you could not leave unless you were homocidal or sucidial she tells me that you can also be gravely disabled. I need help trying to figure out what are the possible was to get her out.

she is 39 never be in a mental hospital before and the day before she went in she was up for 2 days. The drug test and the CT scan came back normal. also they used the word gravely diabled, what is that?

Answer 1

YO. Someone who is mentally ill can be admitted involuntarily for 72 hours to a mental hospital for diagnostic evaluation and be judged in need (or not) of continued treatment. If that patient does change it to voluntary then she can ask to leave again, and there will be another 72 hour period allowed for assessment of her condition. One can be a danger to others or oneself—which includes not being competent to handle one's affairs or gravely disabled.

What is unusual in your case is your wish to get your sister out and her wish to stay in. You are involved in an adversarial relationship with the hospital staff. I would think the quickest way to get your sister what she needs (in or out) is to be more collaborative and find out what your sister's needs are.

If insurance companies are involved, they are going to be pushing for the earliest possible discharge for their own financial benefit.

I'm sorry for the fix you find yourself in.

Answer 2

It is possible for a hospital to hold someone involuntarily for evaluation, but that usually happens when they walk in off the street (or are brought in) acting strangely, and there's a limit to how long before the court system must be involved. It may be there is more to this and the staff is concerned about your family motive's for wanting her to leave. It would be best to get professional advice two ways: a second medical opinion and an attorney. There are two ways a patient can be taken advantage of. The facility may have a financial interest in keeping the patient (insurance and state payments) or the family may have a financial interest in withdrawing the patient (the patient could have assets). Or the family might simply not agree to treatment (this happens in cults and sects, from Scientology to the Amish).

You've given far too little information to get any answer other than, "Seek professional help."

Answer 3

There are laws and federal requirements that govern how a hospital must operate.

72 hours (three days) is a pretty standard amount of time for observation. The hospital staff wants to see for themselves if they think the person is suicidal or homicidal, and to see if the medication is working.

Nobody is going to be discharged simply because her sister says she is not homicidal or suicidal. The attending psychiatrist has to determine that. Also, the hospital wants to cover themselves for legal reasons--they don't want to let the person go too soon and then have something bad happen as soon as she is discharged. In addition, I'm pretty sure that Medicare and JCAHCO (Joint Comission of the Accreditation of Health Care Organizations) require the patient to be in the hospital a certain amount of time--these two groups pretty much call the shots on how a hospital is supposed to be run. These agencies have the power to put a hospital out of business if they don't follow the rules.

There may also be a court order.

If somebody leaves in less then 72 hours, he or she could have been seen as an outpatient.

Answer 4

The hospital can indeed hold a person for 72 hours if the staff believes the person is potentially harmful to themselves, or to others. The patient does not have to explicitly say "I'm going to hurt/kill myself or someone else." It is somewhat open to the therapist's interpretation.

An adult patient also has the right to stay as long as they want, or at least as long as the facility can keep them.

The combined effects of possible substance abuse, lack of sleep, and other things the patient may have told the therapists can be enough to declare the person "disabled," usually from general depression.

If you think there's some sort of violation going on, you can contact a legal aid group and ask some general questions.

Answer 5

It sounds like your DEAR SIS is trying to figure things out. It may be HER decision to STAY. HENCE, SHE IS DOING THE RIGHT THING!!!! There are MANY reasons why the Hospital may be keeping her. The Hospital has to be HUSH HUSH, and that may be @ her request. Just give it time, let her get the help she is wanting, and let the professionals assist her in doing so. I hope this helped you out. She is in the best place @ this time. Take care! You sound like a very caring sister. Ur sis needs unconditional love @ this time, she also needs the help she needs. Respect that, as I know you will. Good Luck! PS- SUICIDAL AND HOMOCIDAL THOUGHTS ARE ONE REASON OF COURSE TO KEEP HER, BUT, AGAIN, JUST BE REST ASSURED SHE IS IN THE RIGHT PLACE AT THIS TIME.

Answer 6

If your sister is of legal age and does, in fact, wish to remain an inpatient, you cannot remove her. A person can be committed not just for suicidal or homicidal ideation, but also if they could be considered a threat to themselves or others (such as acting in ways that, while not straight-out homicidal, could put other people in danger). The facility can then put a "hold" on a patient so that they cannot be removed by the family (particularly if a patient of legal age does not wish to leave).

I don't know your sister's diagnosis, age, or what her wishes are in this matter, but there's some general information that may be helpful.

Answer 7

It's probably best to leave her in their care until she's ready to leave. She will get more care there than at your house where there are no professional counselors or doctors. Nowadays they have to have a good reason to keep you. It's not like in the 60's when people were all prisoners of huge institutions for years and years.

As soon as they feel she is ready to leave, they will discharge her and not until then. There must be a serious reason for them keeping her. She must be a danger to herself or others, or in very poor mental condition. If they think they can benefit her, they will fight to keep her in there.

Sometimes, it's sad to say, patients are prisoners of their own insurance company. When the insurance runs out, they are instantly released, if they are ready or not. That's been my observation. I've seen basket cases being released with expired insurance. I hope that's not your sister's case. Good luck to you!

Answer 8

i don't think a hospital can keep a person if the family requests them to be released. however, there are some factors to consider. is she a danger to herself or to anyone else? is she well enough to go? can she function without help..such as bathing, dressing, shopping, etc? have you talked to her doctor and gotten his/her take on the situation? why does your sister not want to get out? is there something in her life she is afraid of? there has to be a reason she wants to stay.

Answer 9

Only a court order can keep someone institutionalized against their will. If there is no court order, take a police officer and if she wishes to leave, they will be obliged to produce documentation of a court order or release her.
In the U.S. only the courts can deem someone potentially harmful or require evaluation.

Answer 10

They can keep her against her will if she is a danger to herself, others or she is gravely disabled and a judge agreed to this. This is time limited and monitored periodically. There is something more going on here that you are unaware of.