Family Guide to Mental Illness and the Law: A Practical Handbook

ISBN : 9780190622220

Linda Tashbook
448 Pages
156 x 235 mm
Pub date
Sep 2018
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When a loved one with mental illness comes into contact with the law, trying to advocate for them can be an overwhelming and frustrating endeavor. Mental illness adds a layer of complexity to legal processes, and the justice system can be downright bewildering, even for the most well-intentioned. How can families find out if their loved one is being mistreated or ignored, and how can they make sense of their rights under various laws and regulations?

Family Guide to Mental Illness and the Law offers the nuts-and-bolts legal information and problem-solving steps families need. This accessible resource explains how common legal issues uniquely impact people with various forms of mental illness and what family members can do to help. Readers will learn how to
· help protect a loved one's job, housing, or medical care
· participate in hearings about guardianship, involuntary commitment, bankruptcy, and more
· assist in making financial arrangements
· navigate federal laws surrounding the Family and Medical Leave Act, HIPAA, disability claims, and workers' compensation
· steer criminal proceedings away from jail and toward treatment

Beyond the legal system, this book also guides readers in interacting with officials and authorities, lobbying for better laws, and working with local governments towards improving policies that affect those with mental illness. Complete with real-world examples, Family Guide to Mental Illness and the Law provides practical advice and eases the feelings of isolation that often accompany loving someone with mental illness.


PART 1: Health Law
Ch. 1: Health Information Privacy
Ch. 2: Disability Benefits: SSDI and SSI
Ch. 3: Guardianship
Ch. 4: Psychiatric Advance Directives
Ch. 5: Involuntary Commitment
Ch. 6: Professional Misconduct
PART 2: Criminal Law
Ch. 7: When the Police Are Called to Help
Ch. 8: Negative Police Encounters, Getting Arrested, and Going to Jail
Ch. 9: Minor Crimes
Ch. 10: Mental Health Court
Ch. 11: Criminal Court Trials and Mental Illness
Ch. 12: The Rights of People with Mental Illness in Jails and Prisons
Ch. 13: Damaged Reputations
Part 3: Employment Law
Ch. 14: Employee Reputations and Opportunities
Ch. 15: Employment Discrimination
Ch. 16: Taking Leave and Being Compensated
Ch. 17: Responses to Employment Termination
Part 4: Consumer Law
Ch. 18: Owing Money
Ch. 19: Families and Finance
Ch. 20: Trusts
Ch. 21: Supportive Money Management
Ch. 22: Housing Law
Part 5: Death and the Law
Ch. 23: Missing Persons
Ch. 24: Wrongful Death
Ch. 25: Suicide Law
Ch. 26: The Wills of People with Mental Illness

About the author: 

Linda Tashbook, Esq., is a law librarian at the University of Pittsburgh School of Law and part-time lawyer. A Fulbright Senior Specialist and winner of the Pennsylvania Bar Association's Pro Bono Award, she is well known for her Homeless Law Blog, www.homelesslaw.info.

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