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Legal Information

Legal Rights of Persons with Mental Illness

Mental health

Last updated on 05/26/2021 at 4:53 pm

Do people involuntarily committed to a mental facility still have rights?

What does West Virginia law say about the treatment a person receives after being committed to a facility?

Does someone involuntarily committed to a mental health facility lose their parenting time or rights?

Will a judge consider a person’s mental health when determining parenting time and/or custody?

Can someone be evicted from their home because they have a mental illness?

Can someone with a mental illness have an emotional support service animal in public housing?

Can a landlord refuse someone housing who utilizes an emotional support service animal?

If someone is voluntarily committed to a mental health facility for treatment, will they lose the right to bear arms?

How can a person protect their right to bear arms?

If someone loses their gun rights, is there a way to regain the ability to possess a firearm?

What is a Psychiatric Advance Directive?

What must be included in a psychiatric advance directive to consider it valid?

If a person has a psychiatric advance directive, does the service provider have to follow it?

Can a psychiatric advance directive be withdrawn?

How can a person get an attorney?

What is the attorney’s job?

Should a person with a mental illness disclose this to their attorney?

Will the attorney keep statements made to him or her confidential?