Your Rights in Psychiatric Hospitalization: Voluntary vs Involuntary Commitment
Mental health challenges can be overwhelming, and going into psychiatric care can feel like a big step. The process can be confusing or scary. In all scenarios, patients admitted to psychiatric hospitalization always have rights – and understanding your legal rights during hospitalization can make all the difference.
At Mission Connection, we take the rights of patients seriously and want you to understand what they are and how they can work for you. In this article, we discuss:
- What voluntary vs involuntary commitment is
- Understanding your mental health rights in psychiatric hospitalization
- Whether there are rights to refuse psychiatric treatment
- Where to find support in involuntary treatment
What Are Voluntary vs Involuntary Commitment?
There are usually two ways someone ends up in a psychiatric hospital. These are:
- Voluntary commitment: This is when you decide you need treatment, walk into the facility, sign the papers, and ask for help.
- Involuntary psychiatric hold: This is when you’re committed without your consent, as a doctor, crisis responder, or law enforcement officer believes you’re a danger to yourself or others.
The way you’re admitted and the kind of involvement you have in your treatment plan and care will depend on how you are committed to care. You’re also entitled to different rights depending on how you’re committed.
What Is a Voluntary Admission to the Psychiatric Unit?
When you voluntarily admit yourself to a psychiatric hospital of your own free will, you’re choosing to seek care. This might happen after talking with your therapist, calling a crisis line, or realizing that your mental health symptoms have become too overwhelming to manage on your own.
Voluntary psychiatric care is typically associated with more autonomy and collaborative treatment planning. When in voluntary care, you’re allowed to leave the facility, though this may require giving written notice depending on your state’s laws and the facility’s specific policies.
In certain states, asking to leave a psychiatric facility after voluntarily checking in may start a 72-hour review period. During this time, the care team will assess if it’s safe for you to be discharged or if they need to take further legal steps to continue treatment.
Even when you’ve entered treatment on your own terms, you still have important rights, like the right to:
- Have a say in your treatment plan
- Say no to medications you’re uncomfortable with
- Ask to be discharged (though this can depend on local laws and medical review)
Voluntary care is often the best-case scenario because it encourages early intervention before symptoms escalate. But even in voluntary treatment, people can feel scared or disoriented, which is why trauma-informed support and clear communication matter so much.
What Is Involuntary Hospitalization?
Involuntary psychiatric care, sometimes called a “hold” or “commitment”, means you’re admitted to a hospital or mental health facility without giving your consent. This usually happens if a licensed professional believes you’re at risk of harming yourself or someone else, or if you’re struggling so much that you can’t safely meet your own basic needs. In other words, mental health involuntary treatment is a safety measure designed to stabilize someone in crisis.
Each state has its own rules (called psychiatric commitment laws), but the general process often looks like this:
- An authorized individual initiates the commitment process
- You’re evaluated, and if the criteria are met, you’re placed on a temporary hold, often for around 72 hours
- After this hold, a hearing may be scheduled to decide if longer treatment is needed
It’s completely normal to feel scared or confused during a psychiatric hold, especially if it wasn’t your choice. But even in this situation, you still have legally protected rights.
Your psychiatric hospitalization rights include:
- A clear explanation of why you’re being held
- The ability to challenge the decision through a legal hearing
- Humane treatment at all times
- Access to a lawyer or mental health advocate
At Mission Connection, we work closely with patients and families to help them understand these rights. When you know what to expect, it’s possible to feel supported and empowered.
Understanding Your Mental Health Patient Rights in Psychiatric Hospitalization
It doesn’t matter if you are voluntarily or involuntarily admitted to care; you still maintain your rights. These rights are designed to protect your safety, autonomy, and dignity. When you understand these rights, you can move from feeling confused or powerless to feeling more grounded and informed.
Below are a few key rights you have:
1. The Right to Informed Consent
Before any psychiatric treatment begins (such as a new medication or form of therapy), you have the right to know what’s being suggested, why it’s being recommended, and what the risks or alternatives are. That’s what informed consent is all about.
It’s a conversation you’re entitled to have, in which your questions are answered and your voice matters.
There are rare emergency situations where treatment might be given without consent. However, these only happen under strict medical and legal rules, and only if there’s an immediate risk to your safety or someone else’s.
2. The Right to Refuse Medication (in Most Cases)
Even if you’ve been hospitalized involuntarily, this doesn’t mean you automatically lose the right to say no to psychiatric medication. In most cases, you can refuse medication, unless a psychiatrist determines you’re an immediate danger to yourself or others, or there’s a court order allowing treatment without your consent.
Saying “no” to medication doesn’t mean you’re rejecting help. Your right to refuse psychiatric treatment often means you’re asking to be part of the conversation. Trauma-informed care invites collaboration for better recovery outcomes.
3. The Right to Legal Representation
If you’ve been admitted to a psychiatric facility without your consent, you still have the right to legal support, especially if you want to challenge the hold.
What this means is that:
- You should be told about any court hearings
- You have the right to show up and speak on your own behalf
- You can get legal help, even if you can’t afford an attorney
Many states have public defenders or mental health advocates available to help guide you through this process.
4. The Right to Humane Treatment
You’re still a person with dignity, no matter what brought you into the hospital. That means you have the right to be treated with basic respect and humanity.
This right includes basics like:
- Access to clean clothes and regular meals
- A living space that feels safe and taken care of
- Assurance that you won’t be isolated or mistreated as a form of punishment
Hospitals are legally required to follow standards that protect your safety, both physical and emotional.
5. The Right to Communicate
Being committed or committing yourself to treatment can be scary. You’ll likely want to talk to loved ones who can provide much-needed support.
Fortunately, you have the right to communicate with others when in treatment, including:
- Receiving phone calls and visitors (within facility rules)
- Writing and receiving letters
- Contacting an attorney or advocate
These rights may be limited for safety or clinical reasons, but only temporarily and with clear justification.
Rights to Refuse Psychiatric Treatment
Just because you’re in hospital care involuntarily, this doesn’t mean you’ve lost all control. You still have a say in your care. For instance, if something doesn’t feel right, you have the legal right to ask questions, push back, and even challenge decisions in court if necessary.
Here’s how the right to refuse treatment works:
You Can Legally Challenge Involuntary Psychiatric Hold
If you’ve been admitted to a psychiatric facility without your consent, you still have legal options. For example, you can:
- Ask for a court hearing to determine if the hospitalization is appropriate
- File a “habeas corpus petition”, which is a formal request to a judge for them to decide if your stay is lawful
- Request written notice about your rights and any upcoming legal steps, in a language you understand
- Get access to a lawyer or mental health advocate (and in many cases, this advice is free)
These protections are not optional. The hospital is required by law to uphold them even in serious cases where someone is considered at risk.
According to the Bazelon Center for Mental Health Law, due process is essential in psychiatric care. This means that patients in involuntary hold must be given a meaningful opportunity to contest the reasons for their hospitalization¹.
You Can Often Refuse Specific Treatments
Being involuntarily hospitalized doesn’t mean that medication or therapy are mandatory. Most patients retain the right to refuse psychiatric medications unless a judge rules otherwise.
Legal exceptions to the right to refuse treatments include:
- Emergencies, where immediate medication is necessary to prevent serious harm
- Court orders obtained by the hospital showing that the person lacks decision-making capacity and that medication is in their best interest
However, even if there are exceptions to you right to refuse treatment, informed consent means that you have the right to know:
- What medication is being recommended and why
- What the potential side effects of the medication are
- What alternatives are available
The Bazelon Center for Mental Health Law on Forced Treatment emphasizes that forced medication is only appropriate in rare circumstances².
You Can Request a Second Opinion or Advocate
Just because a doctor recommends something doesn’t mean you can’t ask questions or get another perspective. Involving an advocate or requesting a second psychiatric opinion is allowed – and often encouraged.
A mental health advocate or a second option may be especially necessary if:
- There are doubts about a diagnosis
- You feel a treatment isn’t helping
- You’re being pressured to accept medication that you don’t understand
You Can File a Complaint If You Feel Your Rights Were Violated
If you feel like your rights were violated during your hospital stay, you can:
- File a complaint with the hospital’s patient advocate
- Reach out to your state’s protection and advocacy agency
- Report concerns to your local mental health ombudsman if the situation escalates
When patients raise concerns, it can lead to real changes like updates to treatment plans, reviews of hospital procedures, or even legal action if necessary.
The right to refuse treatment goes beyond medications or procedures. It’s about preserving your dignity, especially when you’re at your most vulnerable. You deserve to understand what’s happening, feel respected in the process, and know that your care team is legally and ethically required to support you through it.
Additionally, according to the World Health Organization, upholding rights in psychiatric settings, including the right to refuse treatment, is linked to better long-term outcomes³.
How We Can Support You in Involuntary Treatment
Being hospitalized for a mental health crisis, especially against your will, can feel overwhelming, disorienting, or even traumatic. At Mission Connection, our role is to provide care and restore a sense of safety, dignity, and autonomy during a time when it might feel like you’ve lost all three.
At Mission Connection, we help by:
Providing Trauma-Informed Support
Involuntary hospitalization can trigger deep emotional distress, especially for people with past trauma. That’s why trauma-informed care is at the heart of what we do.
This means:
- Acknowledging that coercion, even if necessary, can be retraumatizing
- Prioritizing trust, collaboration, and choice wherever possible
- Creating an environment where patients feel heard
According to the Substance Abuse and Mental Health Services Administration (SAMHSA), trauma-informed treatment reduces the likelihood of retraumatization and improves engagement with care⁴.
Teaching You About Your Rights
Not knowing your rights can lead to confusion and fear. We walk you through the specifics of your legal and medical rights, including your right to challenge your hospitalization, consent to treatment, and access support services.
Whether it’s filing a habeas corpus petition⁵ to contest an involuntary hold or understanding what treatments require your consent, our clinicians help make the legal language understandable and actionable.
Involving You in Your Treatment Plan
Even if you’re on an involuntary hold, that doesn’t mean you don’t get a say. In fact, studies show that patients involved in collaborative treatment planning report higher satisfaction and better outcomes. We invite you to help shape your care plan, set goals that matter to you, and advocate for your preferences wherever possible.
This process might include:
- Asking for a provider change
- Requesting therapy over medication (if clinically appropriate)
- Discussing cultural or religious considerations in care
Supporting Your Family and Caregivers
Being admitted to a psychiatric facility doesn’t just affect the person receiving care. It also impacts the people who love them. Family and close friends are often left feeling anxious, confused, or completely in the dark about what’s happening and how to help.
That’s why we also make it a priority to support caregivers and loved ones. The Mission Connection team will:
- Walk loved ones through timelines and next steps
- Answer questions in plain language
- Offer support during tough moments
- Help prepare for what comes after discharge
If you consent to including your loved ones in the process, you can benefit from a strong recovery support network. After all, recovery isn’t something you should have to go through alone.
Speak to Our Team Today
At Mission Connection, we aim to take the guesswork out of the psychiatric hospitalization process. If you’re clear about your rights, you can confidently take the next step with us. Ready to learn more? Call us at 866-888-5074.
References
- Judge David L. Bazelon Center for Mental Health Law. (n.d.). Position statement on involuntary commitment. https://www.bazelon.org/wp-content/uploads/2017/04/Position-Statement-on-Involuntary-Commitment.pdf
- Bazelon Center for Mental Health Law. (n.d.). Forced treatment. https://www.bazelon.org/our-work/mental-health-systems/forced-treatment/
- World Health Organization. (2023). Mental health, human rights and legislation: Guidance and practice. World Health Organization. https://iris.who.int/bitstream/handle/10665/373126/9789240080737-eng.pdf
- Substance Abuse and Mental Health Services Administration. (2014). SAMHSA’s concept of trauma and guidance for a trauma-informed approach (HHS Publication No. SMA 14-4884). U.S. Department of Health and Human Services. https://store.samhsa.gov/sites/default/files/d7/priv/sma14-4884.pdf
- Encyclopædia Britannica. (n.d.). Habeas corpus. https://www.britannica.com/topic/habeas-corpus
