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Legal Representation Advice for Family with a Mental Health Condition

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Selecting an attorney

Your family member may want to retain a private attorney or use the Public Defenders Office. The court will assign an attorney to your loved one at arraignment if your relative does not have or cannot afford a private attorney. Do not be afraid to use a public defender. Public defenders often know the system as it pertains to those who need mental health services.

If your family member decides to retain a private attorney, be sure to select one that is well versed in helping people with mental illness and understand how to access the treatment facilities and mental health services available.


Important Considerations

Think carefully about posting bail for your family member. No one wants a loved one to remain incarcerated for any length of time. It is an unpleasant experience for them as well as the family. However, it would help if you asked yourself the following question. Will your family member be able to comply with the terms of the bail and appear in court when required? Also, as hard as it may seem, jail may be a safer place for a person with severe mental illness who is in crisis rather than having your loved one wander the streets with no help at all. They will be fed at least in jail, have shelter, and be given access to medication treatments.


Working with an attorney

Call the Public Defender’s office at the courthouse. Ask for the attorney’s name and phone number who will be handling the case. It is more likely the attorney will be at his or her desk in the morning between 8:00—8:30 AM before court begins or later in the afternoon after 3:30 PM.

Be sure to leave a message if you do not reach the attorney. Leave your name, phone number, your family member’s name, and, if possible, the case number and court date on the message. Due to the attorney-client confidentiality requirement; there will be information the attorney may not be able to share with you. Remember, it is your family member, not you, who is the attorney’s client. Be sure to leave a message if you do not reach the attorney. Leave your name, phone number, your family member’s name, and, if possible, the case number and court date on the message. Due to the attorney-client confidentiality requirement; there will be information the attorney may not be able to share with you. Remember, it is your family member, not you, who is the attorney’s client.

Inform the attorney of your family member’s condition and any information that may benefit the case. Provide the attorney with an extensive medical/psychiatric/social/educational history of your family member in writing. Include hospitalization, diagnosis information, medication treatment, and the contact information of those doctors/clinicians and facilities that have treated your family member in the past.

This information will be beneficial in pursuing the best outcome for your loved one. Attorneys are extremely busy, and many will appreciate written or faxed correspondence.


Encouraging Words

Supporting and coping with a loved one who suffers from a brain disorder can be extremely challenging and stressful. Knowledge and your love and fortitude will be essential as you become a strong and effective support system for your family member.

This informational guide was written by NAMI volunteers based on their personal experience to help families navigate the system. We are not attorneys, and the information is not a substitute for professional legal advice. Please assist your family member in obtaining proper legal representation.

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