There can be times when people in California are placed on a mental health hold. Following an initial hold, there is a chance a second hold can be enacted that lasts up to 14 days. This is considered a 5250 hold, and it can have long-lasting effects on an individual.
If you need help with a 5250 hearing in San Diego, Simmrin Law Group can assist. Get in touch with our law firm today. From here, we can connect you with a San Diego 5250 hearings attorney that wants to help you in any way we can.
Why a Person Can Be Placed on a 5250 Hold in San Diego
A person can be placed on a 5150, a 72-hour involuntary treatment hold, at any time. This hold is enacted if a person is deemed to be a threat to themselves or others or cannot take care of themselves. During the hold, a hospital or mental health facility cares for an individual.
After a 5150, a person can be placed on a 5250 hold. For this to happen, a hospital or mental health facility must provide evidence to support its request to keep a patient under its care and supervision past the 5150. The patient is allowed to contest the request for the 5250 during a Certification Review Hearing.
By partnering with a San Diego 5250 hearings lawyer, a person facing a 14-day mental health hold can make sure their legal rights are protected. The lawyer can appear with this individual and represent them during their 5250 hearing. If the attorney is successful, this individual may be able to avoid being placed on an extended mental health hold against their will.
For a free legal consultation with a 5250 hearings lawyer serving San Diego, call (310) 896-2723
What to Expect During a Certification Review Hearing in San Diego
In a Certification Review Hearing, a hospital or mental health facility is required to provide a burden of proof that shows you remain a threat to yourself or others or cannot care for yourself. Hospital or medical facility staff may gather evidence to present during the hearing. A hearing officer will review this information and decide if a 5250 will be enacted.
You are provided with a patient advocate to assist you during your Certification Review Hearing. This advocate will meet you before the hearing to discuss your concerns or questions. Along with the advocate, you can request family members to appear at your hearing to support any requests you have.
A 5250 hearings lawyer in San Diego can represent you and your best interests during your Certification Review Hearing as well. The lawyer will review your 5150 hold and why it was enacted prior to your hearing. On top of that, the attorney will do everything in their power to make sure you receive the best legal support.
San Diego 5250 Hearings Lawyer Near Me (310) 896-2723
Potential Outcomes of a 5250 Hearing in San Diego
In the best-case scenario, a 5250 hearings officer will review your evidence and evidence presented by a hospital or mental health facility and rule in your favor. If the officer finds you are mentally competent, you are free to leave the hospital or mental health facility of your own volition. Or, you may decide to stay at the hospital or mental health facility voluntarily.
If a 5250 hearings officer finds in favor of a hospital or mental health facility, a 5250 may be put into place. You may remain at the hospital or mental health facility for a maximum of 14 days. There can also be instances in which cases are referred to the Office of the Public Guardian for conservatorship.
A 5250 hearings attorney in San Diego explains the potential hearing outcomes to their client and answers any questions about them. The lawyer helps their client establish realistic expectations for their 5250 hearing, too. That way, the attorney ensures their client knows what can happen during the hearing and helps their client plan accordingly.
Tips to Avoid a 5250 Hold in San Diego
If you are placed on a 5150, try not to panic. During this period, make the most of your experience at a hospital and mental health facility. With the right approach, you can get the most value out of your experience and lower the risk that the hospital or mental health facility will advocate for a 5250.
Some of the best things you can do during your 5150 include:
- Listen to hospital and mental health facility staff. Follow instructions and do what staff members ask of you.
- Avoid conflicts with staff and other patients. Resist the urge to argue or get into physical confrontations with staff and patients.
- Take care of yourself. Prioritize your physical and mental well-being, try to get rest, eat meals, and clean up after yourself.
Even if you do your best to show you are mentally competent during your 5150, there is a risk that a hospital or mental health facility will request a 5250. With a 5250 hearings lawyer at your side, you can present a strong argument to contest this request. Your lawyer will help you plan for your 5250 hearing and achieve the optimal result.
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How to Find the Best 5250 Hearings Lawyer in San Diego
When it comes to finding a 5250 hearings attorney in San Diego, evaluate your options carefully. Choose a lawyer that has many years of experience with 5250 hearings. This attorney can explain the 5250 hearing process and all that it entails.
In addition, select a lawyer that instills confidence. It helps to meet with an attorney to learn about a lawyer and all they can offer. This gives you an opportunity to share your concerns and questions and see how the attorney addresses them.
Identify an attorney that recognizes the importance of collaboration. This attorney works in lockstep with their clients to help them prepare for their 5250 hearings. The lawyer keeps the lines of communication open and is ready to respond to their client’s concerns or questions at any time.
Hire a San Diego 5250 Hearings Attorney
Simmrin Law Group offers legal assistance to those facing 5250 hearings in San Diego. To learn more, please contact us today.