Can I refuse to go to a mental health hospital if my chain of command tries to force me to go? Stateside. I plan on

Expert's Assistant chat
Customer: Can I refuse to go to a mental health hospital if my chain of command tries to force me to go?
JA: Are you overseas or stateside?
Customer: Stateside
JA: Have you talked to a JAG attorney about this? Or anyone in the chain of command?
Customer: No, I plan on talking to my chain of command when I go to work but last time I had mental health issues, they tried to force me to go to a mental health hospital
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: No
Answered by JKEsq in 2 hours 4 months ago
imglogo
JKEsq
10+ years of experience
logo

48192 Satisfied customers

Expert in: Family Law, Legal, Estate Law, Real Estate Law, Criminal Law, Employment Law, Business Law, Consumer Protection Law, Bankruptcy Law, Traffic Law, Personal Injury Law.

logoimgimgVerified lawyers, 10+ years of experience
Chat with a Lawyer in minutes, 24/7
imglogo

Verified lawyers, 10+ years of experience

Save time and money. Get specialized help.

imglogo
JKEsq
10+ years of experience
logo

48192 Satisfied customers

Jessica

Jessica

Consultant

31,131 Satisfied customers

Pearl avatar
Lawyer's, Assistant
14 Lawyers are online right now.
img

JKEsq, Expert

Hello! Thanks for using JustAnswer. My name is ***** ***** I am an attorney ready to answer your questions with top-quality service.

I’m sorry to hear you are having these problems with your legal issue. I know that can be frustrating. However, we can get this resolved quickly.

img

JKEsq, Expert

You are asking if you can refuse medical treatment in the military?

Customer
Hi
img

JKEsq, Expert

Got it! I believe I have everything I need, but was there anything else you’d like to add before I answered? If not, I can begin working on your answer.

Customer
No
img

JKEsq, Expert

Ok! I just need a little time to do some research and draft up a high-quality answer. I'll be with you as soon as possible. It won't be terribly long!

Customer
Ok
img

JKEsq, Expert

I’m sorry to hear about your issues here, hopefully, we can get them solved quickly.

Active duty military personnel have a right to informed consent before accepting treatment, as well as a right to refuse treatment if they disagree with such.

See https://download.militaryonesource.mil/12038/MOS/AHLA/Understanding_Informed_Consent_Military_and_Beneficiaries.pdf

That is why you were not forced to go and it was only attempting. You still must consent to treatment.

However, the official policy is if you refuse treatment and then you cannot perform your job duties based on that medical condition you can be discharged from the military. Getting help would prevent that in most cases

And this may be a case of you admitting that you have mental issues and that you should seek some help, especially if the government is paying for it. If you need it please do seek some help voluntarily.

img

JKEsq, Expert

However, if you refuse treatment and you were on your own. If you have another mental episode that affects your performance you can be separated from the military. There will be no protection if you refused medical treatment that your command thought you needed.

The military may discharge for “other designated physical and mental conditions” servicemembers who have conditions that do not qualify for a disability discharge, but “that potentially interfere with assignment to or performance of duty….”

That includes mental illness as that is a disqualifier from serving. But that gets way beyond a single question into military procedures and separation. I would suggest speaking to JAG/TDS on base before taking any action for specific advice.

Please let me know if this has answered your question fully. I hope this information is helpful to you. If you need additional assistance or have follow-up questions, please reply to my message below, and I will respond as soon as I can.

img

JKEsq, Expert

Do you have any other questions on the law on this specific question for me right now?? Please do let me know.

Customer
No, thank you
img

JKEsq, Expert

Great! You're very welcome and it was my pleasure.

It was my pleasure to work with you and help with your question. If you ever need to reach me in the future, you can post a new question with the title "For JKEsq” or just add me as a favorite Expert. You'll have the option to do that on your "My Questions” page.

Have a great rest of the day!

img

JKEsq, Expert

Have a great rest of the day!

Ask a lawyer and get your legal questions answered.
See all Legal Questions
img
Related Legal Questions
How it works
logoAsk for help, 24/7
Ask for help, 24/7
Members enjoy round-the-clock access to 12,000+ verified Experts, including doctors, lawyers, tech support, mechanics, vets, home repair pros, more.
logoExpert will respond in minutes
Expert will respond in minutes
After you reach out, we match you with an Expert who specializes in your situation. Talk, text, chat, whichever you prefer.
logoSave time & money
Save time & money
No scheduling hassles, missing time from work, or expensive consults.
A JustAnswer membership can save you significant time and money each month.
img
logo 593 Verified lawyers, 10+ years of experience
DISCLAIMER: Answers from Experts on Askalawyeroncall.com are not substitutes for the advice of an attorney. Askalawyeroncall.com is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response as proposing specific action or addressing your specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances should be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on any information received from an Expert, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains. The responses above are from independent, freelance Experts, who are not employed by Askalawyeroncall.com . The site and services are provided “as is”. To view the verified credentials of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service.
Explore law categories
Powered by JustAnswer