The Law and Psychiatry

The body of law applied to the practice of psychiatry does not differ from that of medicine in general. Nevertheless, the diagnosis, treatment, and management of patients with psychiatric disorders present not only unique clinical and ethical concerns but also unique legal considerations. For instance, determination of a patient’s competency, as well as the patient’s ability to manage his or her personal affairs, may be required to determine the patient’s mental capacity to make health care decisions. Currently, competency determinations are particularly relevant for patients with Alzheimer’s disease or dementia related to AIDS. Psychiatrists commonly face ethical and legal issues such as informed consent, the right to treatment, the right to refuse treatment, substitute decision making, and advance directives when treating psychiatric patients.