A concerned father from Toronto, who wishes to remain anonymous to protect his son’s identity, is sharing his story as he grapples with the legal system in an effort to take charge of his son’s well-being.
Expressing deep worry, the father disclosed, “My son poses a danger to himself and others. It’s only a matter of time before a tragedy occurs.” He described how his 28-year-old son has been experiencing a mental decline over the past decade, exhibiting hallucinations, delusions, and making threatening statements, including threats of violence.
Although the son has not acted on his threats in the past, the father fears that it may happen soon. Most recently, his son threatened to set fire to the apartment building where he resides. With a history of multiple arrests, the father has repeatedly urged law enforcement to place his son in a mental health facility, but his efforts have not yielded sustained results.
The father relocated from the United States back to Toronto to support his son, who he financially assists and whose deteriorating mental health he closely monitors. However, his son refuses to seek treatment and becomes aggressive when urged to do so.
Struggling to navigate the complex legal system, the father is determined to secure legal assistance to compel his son to undergo treatment, a challenging process when dealing with an adult who is resistant to care.
This situation is not uncommon, according to mental capacity law specialist Alexander Procope from Perez Procope Leinveer LLP, who highlighted the legal complexities involved in compelling non-consenting adults to seek treatment and the need to balance individual rights with ensuring proper care.
Procope explained that under Ontario’s Mental Health Act, families can initiate a psychiatric assessment through a Form 2, which involves presenting evidence to a Justice of the Peace to demonstrate the individual’s risk to themselves or others. This assessment can lead to a temporary 72-hour evaluation at a psychiatric facility.
Despite exploring this option, the father remains concerned that his son’s ability to mask his condition may hinder a thorough assessment. Procope emphasized the importance of family involvement in providing additional information to the assessment team.
While the execution of a Form 2 may involve coercive measures, Procope suggested considering less invasive options, such as engaging crisis intervention teams like The Gerstein Crisis Centre, to assist families dealing with mental health crises.
Procope urged families facing similar challenges to explore community mental health resources and organizations, emphasizing the availability of support services in Ontario.