Involuntary admission to hospital

The Ontario Mental Health Act (1990) defines categories of psychiatric institutions, the legal rights of patients, and procedures for the treatment of patients who are deemed unable to consent for themselves. Family caregivers typically seek guidance from the Mental Health Act when their loved one refuses care or professional assistance.

There are three common ways for a person to be involuntarily admitted to a psychiatric facility in Ontario.

Police custody

Under The Mental Health Act, Ontario police are able to apprehend a person for examination by a physician due to a belief that they may be an immediate danger to themselves or to others, or are not able to care for themselves.

Example:

• Police are called to attend someone’s home and apprehend a person under The Mental Health Act because they meet the stated criteria. The person is brought to the hospital and assessed by a physician who may take further steps such as calling a mental health professional or psychiatrist for further assessment.

Form 2

The family caregiver visits a justice of the peace to ask for an involuntary assessment of their loved one’s mental health and capacity due to concern for the person’s safety and well-being. The family caregiver fills out the necessary paper work and a justice of the peace generates a Form 2 that authorizes police to transport the loved one to a physician for an examination.

Example:

• A family member is concerned about an individual acting bizarrely and dangerously at home. They visit a justice of the peace and fill out paperwork. The justice of the peace accepts and issues a Form 2. The police visit the individual and bring them to hospital involuntarily for assessment by a physician.

Form 1

A physician may fill out a Form 1 if they have examined your loved one and have reasonable cause to believe that the requirements of Form 1 are met (download The Ontario College of Family Physicians Form 1 Application for Psychiatric Assessment).

Example:

• A person visits their family doctor and it is disclosed that the person is experiencing suicidal thoughts with a plan to attempt tonight. The doctor fills out a Form 1 and requests that the person attends a hospital to see a psychiatrist immediately. The person will then either contract for safety and attend with the doctor following up closely by phone or emergency services will transport the client to the hospital with the Form 1.

Other legal forms to be aware of

Renewal forms

Family caregivers may also need to know about forms that are used to renew involuntary admissions in the health system. If you need information about Form 3, Form 4, or others,  refer to The Ontario Mental Health Act (1990). Family caregivers and health providers can also find information in this comprehensive guide, produced by the Ottawa Hospital Association, A Practical Guide to Mental Health and the Law in Ontario.

Power of attorney

There are three kinds of power of attorney in Ontario. Of these, the Power of attorney for personal care can be a useful tool for families whose loved one is unable to care for themselves (additional information is available from the Community Legal Education Ontario).

For additional information or to discuss specific legal issues, contact a legal professional. Legal Aid Ontario provides legal aid services to low-income individuals at the Stormont, Dundas & Glengarry Legal Clinic.

Ulysses agreement

When planning ahead, the Ulysses agreement can be a useful tool for families seeking to clarify what they should or should not do to support the loved one in a mental health crisis.

The Ulysses agreement also gives parents with a mental health condition a method to make legal  arrangements for the care of their children in the event that they become unable to care for their children.

Learn more and access a blank, fillable form for the Ulysses Agreement.