Long-term deprivation of liberty
disablement judgment. Notifications of involuntary commitment to the Duty
Court, examined at the Unit for Acute Illness, Virgen de la Montaña (Cáceres),
did not state the exact time and date of each committal. This was also lacking
at Balcó de la Safor (Valencia).
Authorised
committals on
insufficient
grounds
153. Both at this facility and at the unit for acute illnesses, Puerto Real
Hospital (Cádiz), we found judicial committal orders with insufficient
grounds to justify the committal, either because it was merely indicated that
the medical examiner had “decided in favour of the committal” or a probable
diagnosis only was provided (bipolar disorder, psychotic disorder with
dissociation episodes, delirious disorders).
In the Ombudsman’s opinion, to ensure that patient rights are guaranteed, in
addition to a doctor’s opinion, it would be appropriate to have confirmation
that the patient is unable to provide valid consent, justifying the specific
reasons requiring each committal to psychiatric hospitalisation (as an
example, without limitation, danger for the patient or for third parties,
therapeutic reasons preventing a follow-up on treatment if the patient is
released, discontinuation of earlier treatment when free, lack of suitable
alternatives, etc.).
Voluntary
committal
document
Court-appointed
lawyer
Guardianship
§324 AR 2014
154. At the Units for Acute Illnesses of the Puerto Real (Cádiz) and Virgen de
la Montaña (Cáceres) Hospitals, patients who are voluntarily committed do
not sign any document. Although this is standard practice in mental health
hospitals in Spain, the patient’s signature would constitute an example of
good practice, insofar as doubts would be cleared on the legality of the
commitment. Consequently, a protocol should be put in place requiring that all
patients sign a voluntary committal document.
155. Just one of the facilities offered a report visited (unit for acute illnesses,
Puerto Real Hospital, Cádiz) to each patient, stating in the court applications
for involuntary committals or changes from voluntary to involuntary
committals, the possibility of being assisted by a court-appointed lawyer.
156. Many of the inmates interviewed at the Balcó de la Safor Therapeutic
Centre (Valencia) claimed to not personally know their guardian or, even, did
not know who their guardian was. They also claimed unawareness of how
their guardian was managing their money. The effective guardianship of
incapacitated persons has a direct impact on how their rights are upheld and
guaranteed, which is why all public or private guardian entities should be
101
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents