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TABLE OF CONTENTS FOR HOW TO HELP |
The following write-up, on how to get help was provided by the Alliance for the Mentally ILL Affiliates of Cambridge-Middlesex and Central Middlesex, who have published an excellent booklet and resource guide. Copies may be purchased. Please refer to note following this write-up. To use the table of contents, once you have finished reading a chapter, Page UP to the beginning of this document to access the Table of Contents again.
I. TREATMENT AND RESOURCES
Early Recognition. Mental illness may show up in childhood, adolescence, young adulthood or later. Getting help
for a young person in a school or academic setting can be eased by teachers and guidance counselors, who can
alert parents of personality or behavior changes and aid in finding a therapist or psychiatrist (M.D.).
Sometimes, however, the illness first erupts suddenly, precipitating a crisis.
Crisis Intervention. When a mental illness is suspected and a severe crisis in behavior occurs, family members are
often at a loss to what to say and do. It is most important to defuse the situation by establishing that
you are genuinely concerned for your loved ones welfare. Know what is most significant and valuable to the ill
person. If you see that one approach is not working, back off and try another. Do not expect to know all the answers.
Remember, because you are a family member, your experience with the person is extremely valuable. The following
are suggestions for preparing yourself and members of your family for a possible crisis situation:
Keep a diary or thorough notes about
(1) the ill person's diagnosis and medical conditions,
(2) medications being taken as well as medications not tolerated and
(3) specific behaviors and actions that preceded and followed the crisis.
You may need to provide this information to
the Crisis Team, the police and to mental health professionals. Plan and think ahead. Know what steps to take if
the mentally ill individual gets out of control. Locate available sources for help such as emergency phone numbers
(in some communities 911 will reach both fire and police departments), mental health crisis team or telephone number
of the individual's therapist, helpful friends or neighbors and the Alliance for the Mentally Ill nearest
you. Keep these numbers posted by your telephone. Consult ahead of time with the social worker or psychiatrist or
with the nearest Community Mental Health Center so you will know how to obtain services when you need them.
As you deal with the situation, keep in mind that the mental illness is not your fault: nor is it the fault of the
person who is in crisis. Mental illness involves a biochemical disorder of the brain, and it is diagnosed by
its symptoms. It causes much distress to the person suffering from it. He or she may not
be able to tell you how the mental pain is hurting. Learn about your local Crisis Team and how it operates. Call them
before a full-blown crisis develops. You will then better able to evaluate the situation and ask for help when really
needed. The Crisis Team and/or law enforcement officers should be called for threat of suicide or danger to any person
or property. If you psychiatrist or the Crisis Team deems it necessary, the ill person may be hospitalized.
Therefore, it is prudent to plan for voluntary hospitalization or emergency commitment. Call you local AMI support group
to help you put the situation in perspective and to carry on your personal life.
II. HELPFUL HINTS
It will not help to argue or deny that what your relative is seeing, hearing and feeling is real. Instead, assure him/her
of your love and understanding, that what they are experiencing is real only to them, and that you want to help.
- Honesty is always essential. Your relative needs to know that he/she can trust you. Discuss commitment if this is a
possibility. Do not make threats unless you plan to follow through.
- Do not be discouraged if your loved one does not comprehend what you are saying when he/she is psychotic.
Even though the thoughts of the person who is ill are disordered, he/she may perceive and remember later.
- In extreme circumstances, you may have to get a restraining order from the court. If the order is violated,
you may have in hand the only certain way to get help from the Crisis Team and other authorities.
III. STRAYING,
MISSING OR HOMELESS
Many people who are mentally ill may feel a need to escape from their environment. Many families have had their mentally
ill relatives missing for various lengths of time. Sometimes the ill person may call a family member or
friend periodically or let him/herself be found in a hospital, shelter or jail.
However, some may vanish completely, possibly eluding much-needed treatment. As soon as you are certain your ill
relative is missing, you should call the local police, requesting that the person be placed on the Police
Missing Persons List nationwide. Then you should enlist the aid of NAMIs network of volunteers
who may be able to help locate the missing person. You can reach them by writing to Lonnie M. Edenfield, Sr., Chair,
Homeless and Missing Network, Family SupportAMI, 1239-C Russell Pkwy. #2, Warner Robins, GA 31088, or by calling
(912) 328-3555 (AMIoffice).
In Massachusetts the Homeless and Missing Network contacts are Sherry Lang (617) 242-1436 and Joan Wardwell,
(978)283-9361 or at work (617)855-2771.
IV. HOSPITALIZATION: VOLUNTARY OR
INVOLUNTARY
As the number of state hospitals has decreased, the current trend is to send patients to general or psychiatric
hospitals for acute care. If the ill person presents a severe danger to him or herself or to others, a locked ward
will be needed. A private hospital may be used, but not all private mental hospital units have locked wards.
State mental hospitals usually have locked wards. Another reason for requiring care in a state hospital may be
financial: private hospitals usually keep the patient for a limited stay, depending on health insurance coverage.
At the end of this time, the ill person may have to be transferred to a state psychiatric facility or discharged.
While hospitalized in a safe environment, the mentally ill person will be observed and diagnosed; proper
medication will be determined (in part by trial and error) and therapy offered individually, in groups or with the family.
When the patient is discharged, the family will be an important therapeutic element. Therefore, the family will
need to prepare by keeping close contact with the psychiatrists, social workers, support groups and the case
manager, in order to learn as much as possible about the medication and the necessary home therapy environment.
If it is determined that the family may not be able to deal with the situation, then the discharge may be to a
halfway house or group residence, rather than to the family home. The family can benefit during this whole process
by connecting with the support groups through the hospital or through an AMI affiliate.
V. LEGAL CONSIDERATIONS
Massachusetts General Law Chapter (MGL) 123 provides:
(1) for emergency involuntary hospitalization by a physician,
police officer or district court ("pink slip") that my not exceed ten (10) days.
(2) State law requires that, once admitted, the patient must be offered the opportunity to apply for
voluntary admission. However, people suffering a mental illness crisis frequently suffer
from impaired reasoning ability, and may not be convinced of the need for hospitalization.
(3)If the patient then refuses, he or she must be discharged within ten days of admission unless the superintendent
of the facility applies for commitment of the patient with the local district court ("Section 7" proceeding),
in which case the patient may be detained at the facility until the court hearing or in which case the patient may
be detained at the facility until the court hearing or up to six months, with resubmission possible
for another year.
(4) In order to treat an uncooperative patient, a "Rogers Guardianship," strictly limited to medication,
may be a necessary step.
The rights of in-patients and out-patients of mental health facilities to participate in decisions regarding medications
are protected by Massachusetts law. Patients have rights to informed consent for all forms of treatment, including
medications.
In order to exercise informed consent, patients must be told and have the capacity to adequately understand
(1) the nature and extent of their illness:
(2)what medications are prescribed and why;
(3) what possible benefits might result from the medication and
(4) potential risks of the medication, both general and specific to each patient's condition.
Forcible medication may be used only in emergency situations, and must comply with applicable
DMH regulations. "Rogers Guardianship" with authority to order anti-psychotic medications may be
petitioned for in Probate Court only when a doctor determines that a patient is not competent to
make treatment decisions. Patients and their families may need legal assistance in any proceedings involving the
rights of patients. According to MGL Chapter 201 a mentally ill individual who objects may not be committed or
admitted to a mental health facility without proof that the person is mentally ill; that the failure to retain
the person in a facility would create a likelihood of serious harm by reason of mental illness: and
that there is no less restrictive alternative to commitment of admission.
The Massachusetts Department of Mental Health has defined mental illness for the purpose of involuntary commitment
as follows:
"a substantial disorder of thought, mood, perception, orientation, or memory which grossly impairs judgment,
behavior, capacity to recognize reality or ability to meet the ordinary demands of life, but shall not include alcoholism
as defined in MGL Chapter 123, Section 35."
The fact of mental illness must be determined by a judge. Doctors certifications or statements must answer
the legal requirement of "substantial impairment" which "grossly impairs" functioning, in addition
to fitting the standards of definition commonly used by physicians found in Diagnostic and Statistical Manual of Mental
Disorders, Third Edition revised, commonly known as DSM III-R. After May 1994, look for DSM IV-R, the fourth edition.
"Serious harm" can include a mentally ill person's threats to himself or herself or others or that impairment of the
individual's judgment is such that his or her existence in the community would be a danger.
Although guardianship is a separate issue, involuntary admission or commitment involves a petition for either temporary
or permanent guardianship with authority to commit, which may be petitioned for simultaneously. Any
guardianship proceeding which includes the issue of admission or commitment requires at minimum
(1)proper notice;
(2) appointment of counsel for indigent persons;
(3) a hearing; and
(4)the presence of the proposed ward, except for extraordinary circumstance.
Preference (if obtainable) of the person who is mentally ill and his or her "best interests "are seriously to be
considered by the judge. The District Court Judge's decision maybe reviewed by the Appellate Division of the District
Courts. Any patient confined in a state hospital or DMH-approved facility may make written application to the Superior
Court to determine whether he or she is being lawfully detained. The above discussion refers only to the
medical considerations.
Medications can be very useful in helping people who are mentally ill to think more clearly and gain control of their
thoughts and actions. Words such as "psychotropic" or "psychoactive" (affecting mood, thought, emotions, and behavior)
are generally used more or less interchangeably. They refer to certain drugs prescribed by a licensed physician,
preferably a psychiatrist. The1992 MGL Chapter 10 (effective January 1993) extended prescription writing power to
nurse practitioners and psychiatric nurse mental health clinical specialists, provided the nurses' prescriptions include
the name of a physician with whom the nurse has signed an approved guideline agreement.
The effectiveness of a particular medication may help determine a doctor's diagnosis of a
patient's mental illness.
Each person reacts differently to a medication or combination of medications. Dosages should be individually tailored
and may need to be adjusted from time to time. Most drugs may take several weeks to become fully effective.
All psychotropic medications have side effects and may cause risks; sometimes a stay in the hospital, with thorough
monitoring, may be necessary until stabilization is achieved. Side effects may be temporary, continual or appear
only after long-term use.
Dosages should be carefully checked and adjusted or fine-tuned to be most effective and yet minimize side-effects.
Anti-seizure medications, such as Depakote (evaporate) or Tegretol (carbamazephine) may be added to increase the effectiveness of anti-psychotic drugs, helping to prevent disruptive or disturbing thoughts, hallucinations or delusions and antisocial behaviors. They often enable an ill person to function and be receptive to therapy or other psychoactive drugs. The patient or a family member should keep records of medications taken, dosages, and dates begun or terminated. Each drug has both a trade or commercial name and a generic or chemical name. The former is usually written with an initial capital letter.
The ability of people who are mentally ill to handle their "meds" should be weighed and watched by family, friends and
clinicians.
The use of alcohol could seriously impair a patient's rational use of medication.
If the person stops taking his or her medications or overdoses, this should be noticed and reported to the physician promptly.
Quick action may be required to avert a crisis or deal with adverse reactions or regression in the absence or medications.
Some mentally ill people in the community may need extra help or stronger measures to make sure they take their medications properly. People with mental illness can devise clever ways to fake taking their medications. Furthermore, "life style" agents such as caffeine or nicotine can interfere with desired effects.
NOTE: Medications cannot do it all! The unfortunate human beings suffering from mental illness continue to need respect,
support and love of friends and family, who can also help and encourage optimal use of medications. In order to best fulfill
their helping role, families should try to maintain contact with therapists or social workers, in hospital as well as
community settings. Do not be afraid to ask questions about medications and discuss what you have read in books, and
other publications. Do not be discouraged. If medications do not seem to be helping, new drugs and new uses for existing
ones are continually being tested and reported. Better treatments are on the way!
Below are outlined the main groups of drugs now used.
1. Antipsychotics or narcoleptics.
These are drugs or medications used to treat psychotic symptoms by acting on transmission of nerve impulses through synapses in the brain. They include:
Clozaril (clozapine) Haldol (haloperidol)
Loxitane (loxapine) Mellaril (thioridazine)
Moban (molindone) Navane (thiothixene)
Prolixin (fluphenazine) Risperdal (risperidone)
Stelazine (trifluoperazine) Thorazine (chlorpromazine)
Trilafon (perphenazine)
This group of drugs is used to counteract psychotic thoughts, perceptions and behavior. Formerly called
"major tranquilizers" (amisnomer), the major purpose of these drugs is to help stop delusions, hallucinations
and catatonic symptoms. Most are ingested as pills or capsules. When tolerance and effectiveness have been clearly
established, a few of the drugs may be injected, providing lasting avoidance-proof dosage. Side-effects and reactions can
be flu-like illnesses or autonomic reactions such as drop in blood pressure, dry mouth, blurred vision, constipation
or urinary difficulty. Parkinson-like symptoms, restlessness or rocking symptoms sometimes can be counteracted by
drugs such as Cogentin or Artane.
Tardive dyskinesia is a side-effect sometimes occurring after long-term use of anti-psychotic drugs. Characteristics are
involuntary movements such as tongue rolling, chewing movements, grimacing or frowning. Early signs should be reported
to the physician promptly. A change or discontinuation of the drug or drugs causing the effect may reduce or eliminate
the symptoms.
A recent addition to this group is clozapine (trade name Clozaril). This drug offers great hope to those who have
not responded well to previously available antipsychotic. Unlike other antipsychotics, clozapine almost
never causes acute neurological side-effects or tardive dyskinesia. Clozapine has often relieved symptoms of existing
tardive dyskinesia, previously thought to be irreversible.
The drawbacks of clozapine are two-fold: high cost and, for about two percent of recipients, a potentially dangerous
drop in the white blood cell count called agranulocytosis. About half of the high cost of about $9,000 per
year per patient is due to the required weekly blood testing to detect this difficulty before it becomes acute.
Sometimes other drugs may be used along with clozapine, but any medication that might also cause agranulocytosis,
such as Tegretol, should not be added. Clozapine is now available to Massachusetts Medicaid recipients.
Any individual for whom clozapine has been advised but is having difficulty obtaining the drug, should call the Clozaril
hotline 1-800-448-5938 or Sandoz in NewJersey at 1-800-631-8184 Extension 7094 (Philip A. Spurr) or (201) 503-7094
for information and assistance.
Risperidone is the newest drug to become available, and it does not present the danger of agranulocytosis. Therefore,
frequent blood testing is not required.
2. Mood Stabilizing and Antidepressant Drugs
Lithium carbonate is the unique and powerful mood stabilizer, reducing both mania (high flying mood characterized by
super ambition, rapid speech, wild buying sprees, excessive activity, disproportionate euphoria and
exaggerated behaviors) and depression, and it can be taken safely with little sedation or other effects on awareness
or mental functioning. Many individuals have taken lithium long-term. Some people who suffer only mild and rare mood
disorder may be able to discontinue lithium treatment safely. Only experience can tell.
With properly adjusted dosage and use, lithium is both safe and effective. Lithium poisoning or intoxication from
overdose can appear as confusion, loss of appetite, vomiting and diarrhea, fatigue, weakness, slurred
speech, muscle twitching and severe shakiness. Lithium blood levels should be checked as frequently as necessary to watch
for excessive retention of lithium, especially for people taking diuretics (medications to reduce fluid retention through
excretion, frequently prescribed to reduce high blood pressure). Lithium may be prescribed along with other drugs such as
antipsychotic or antiseizure drugs such as Tegretol (carbamazepine) orDepakene/Depakote (forms of valproic acid).
Among possible side effects of lithium are acne, gastrointestinal symptoms, hand tremor, thirst, frequent urination
and gain of weight. If these become severe, the level of lithium in the blood should be checked.
Along with supportive counseling, several types of antidepressants, all of them requiring about three to four weeks
to become fully effective, are prescribed for clinical or severe depression:
Tricyclic antidepressants include:
Elavil (amitriptyline) Norpramin (desipramine)
Pamelor (nortiptyline) Sinequan (doxepin)
Tofranil (imipramine) Vivactil (protriptyline).
Side effects may include dry mouth, blurred vision,sweating, dizziness, constipation, difficulty urinating, rapid pulse
or irregular heart rhythms, tremor, and weight gain. These problems should be reported promptly.
For a more detailed discussion of chemical makeup, side effects, and even pictures of some more common types of medications, consult the Physicians Desk Reference (PDR), an annually updated book that lists every medication, available in the U.S.A., with every reported side effect. Every doctors office, hospital library and some pharmacies and public libraries have a copy. It is a valuable reference book, especially for rare side effects of drugs long in use.
Mental Health Professionals
Hospitals and Programs in the Community
Presently the Department of Mental Health (DMH) is in the process of making major changes in the delivery of its services. One of their primary goals is to move more clients our of impatient state hospitals and into community-based residential settings. Hospitals may be necessary for emergency situations, for voluntary hospitalization, or for involuntary hospitalization. The list of services below are intended to provide a general overview of the types of resources now available:
State hospitals provide intermediate to long-term impatient psychiatric care. State psychiatric facilities are often suggested when cost is a factor. Massachusetts State Hospitals take only patients who can me committed. In other words, for a patient to be admitted into a state hospital, he or she must meet the criteria of "likelihood of serious harm" to self or others. This requirement unfortunately makes it very difficult for the mentally ill person to be admitted until he or she is in extreme crisis. Check with your local AMI group or your state attorney to know your rights.
General hospitals provide acute care services (usually limited to a maximum stay of 21 days). Often, admissions are limited to voluntary patients.
Private hospitals provide short-term, intermediate and long-term care services, usually at a higher cost, with probable need for approved insurance coverage or guaranteed payment. Some questions you should ask when considering a private hospital are:
Programs for treating people with dual mental illness-substance disorder. Ideally, treatment for dual diagnosis should be provided in integrated settings, where all patients receive education to make better decisions about substance use in the context of their ongoing psychiatric treatment, and where addicted patients can receive intensive addiction treatment geared for individuals with psychiatric disabilities. Such programs are gradually becoming available, but more resources are still needed for this population.
Crisis intervention services provides emergency services to assist those who are in psychiatric crisis. An emergency outreach team provides 24 hour services to help people through a crisis and prevent unnecessary hospitalization. In trying to assess the situation the crisis responder may ask to talk on the telephone with the ill person as well as the family member. If warranted, the crisis team member will visit the patient, sometimes accompanied by police personnel.
Police: If the person is gravely disturbed or potentially dangerous to self or others and is unwilling to go to the hospital for help, the police can help. They can transport the person to a hospital and usually can sign for involuntary treatment. They often work in concert with the Crisis Team.
Community Mental Health Centers provide emergency assessment and services, community placement, medical supervision and treatment and case management services for people with mental illness in the community. They may also provide information and services to families. Community Mental Health Centers (CMHCs) are federal and state funded facilities that provide treatment for persons with mental illnesses. Some communities have private- and/or publicly-funded drop in centers to supplement out-patient or therapy services as well as temporary shelters or safe-homes for adolescents. Not all Massachusetts cities and towns have CMCHs, but many have community clinics whose services are paid through clients Medicaid.
Community residences (also known as half-way houses) provide housing with varying degrees of support. The goal is to match the level of support with the individual needs of the client. Some community residences require "high intensity" staffing. Staffing and programs provided in these residences provide intensive treatment and supervision as well as social and vocational rehabilitation in a less restrictive environment. They are generally considered among the most effective ways of treating long-term forms of mental illness. Questions to ask about each potential housing program:
For whom is the housing appropriate?
Is the housing transitional or long-term?
How many hours of supervision are given per day or week?
Are residents required to be in a day program activity?
Does it supervise the taking of medication?
Who pays for it?
Many former patients need some kind of day program, activity or job. Communities vary as to what services they provide. Some provide psychosocial centers that teach skills of independent living. Others have psychiatric day programs linked to hospitals or community mental health centers. These programs offer structured programs that serve as a transition from hospital to community.
Case Management Services assist individuals in assessing, making choices about opportunities and services in the community. They can facilitate arrangements for an appropriate array of living arrangements and services for each clients needs.
Social Clubs, Clubhouses or Drop-In Centers offer services by and for consumers. Services include peer self-help, advocacy, respite care, hot-lines, socializing, food banks, supported employment opportunities and similar non-clinical services. There are presently 14 clubhouse programs in the state.
Rehabilitation Programs: Psychosocial rehabilitation programs include the following: employment-related training and services, social and recreational skills training, and support in the development of skills necessary for independent living. Limited services are available through Community Mental Health Centers, some Social Clubs and through some private hospital programs.
Boston University (B.U.) Center for Psychiatric Rehabilitation offers two rehabilitation programs: The Career Education Program is a classroom model and the Career Support Services is a one-to-one coaching model. For further information on these programs, call 617-353-3549. If you are interested in learning about other rehabilitation programs throughout the state, they will be able to suggest possible programs in other areas.
The Massachusetts Rehabilitation Commission, (617) 492-0360, also provides a variety of related services through its regional offices. They offer some good training programs. Because money is tight, one may have to be very persistent to get services, but it may be worth the effort.
Educational Programs and Supported Education: Many colleges have programs for learning disabled students. Mental illness would qualify a student for equal opportunities under provision of the Americans with Disabilities Act (ADA) as well as for services under most schools learning disability programs. Due to the disruptions caused by both the illness itself as well as side-effects of medications, people with mental illness might need the following services: privilege to take fewer courses and still be classified as a full time student, tutoring, academic support, peer counseling and learning aids such as word processors, mote takers, untimed tests, tape recorders and computers. Also advocacy can be provided either within the schools or colleges program for students with special needs or through B.U.s mobile educational support services. The Alliance for the Mentally Ill is working to increase the number of colleges having a special representative for psychiatrically handicapped students like the person serving the needs of about 35 students at Quinsigamond Community College in Worcester.
The Boston Public Library maintains complete information services on higher education and preparation for the General Education Development (GED) test for a high school equivalency diploma. Telephone 617-536-0200 or visit the library for details.
Getting financial aid for an education program may not be easy, especially when a mentally ill person first embarks on this effort. Success in the first year or term may qualify one for some assistance. Another not much publicized route is called Plan for Achieving Self Support (PASS), available to disabled recipients of Social Security assistance. For help in applying for this program or for other forms of assistance in pursuing higher education, consumers should call their local Social Security Office or contact Elsa Ekblaw or Kim Anderson at (617) 770-4000 X297 (DMH Metro South Area Office in Quincy)
Programs and Services for Children and Adolescents with mental illness are separately administered for people 18 years of age and younger or still in high school. The information in this booklet refers mostly to adults. For more specific information and family support for this age group, please call the AMI Children and Adolescents Network for Western Massachusetts at (413) 786-9139 or the AMI of Massachusetts office at (617) 426-2299.
Support Groups for Persons with Mental Illness
Groups consisting of persons with mental illness can offer an important source of advocacy and mutual support for those needing it. The following may be especially helpful:
Consumer Council, National Alliance for the Mentally Ill (NAMI)
Manic-Depressive and Depressive Association (MDDA or NDMDA)
National Mental Health Consumers Association
Recovery, Inc.
VIII. FINANCIAL AND LEGAL CONSIDERATIONS
Federal Programs: SSI, SSDI, Medicaid, Medicare. Both SSI (Supplemental Security Income) and SSDI (Social Security Disability Insurance) are designed to provide monthly income to people with severe, long-lasting disability that would preclude self-supporting work. SSI is based upon need; information about living costs and resources must be supplied to qualify. SSI may also be available for a child in residential treatment. SSDI eligibility is based upon both disability (same medical requirements as SSI) and work history, including age. You may apply by telephone, (1-800) 772-1213, 7 a.m. to 7 p.m. business days, by mail or in person at your local Social Security Administration Office. Since benefits are retroactive to the first application, if approved, early application and persistent follow-up are advantageous.
If benefits are denied, the ruling may be appealed by requesting (1) a reconsideration, (2) a hearing before an administrative law judge, (3) a review of the decision by the Appeals Council, or (4) civil action in federal district court. You have 60 days to appeal between each level of ruling.
SSI payments, which may go directly to the claimant or to a representative payee if the person disabled by mental illness cannot manage funds, can begin immediately after disability and eligibility are established. SSI recipients in Massachusetts automatically receive Medicaid simultaneously. SSDI payments can start the sixth month after established onset of disability. After two years on SSDI, the disabled person will automatically receive Medicare benefits. Both Social Security programs allow a disabled person to earn limited amounts each month and keep limited savings while benefits continue, and a variety of work incentives are available for those attempting return or entry to work.
To learn more about benefits and eligibility, you should read SSA publications Nos. 05-11000 on SSI and 05-10029 on Disability and inquire further about your particular situation. Be sure to check on continued eligibility periodically, and especially upon confinement in a mental hospital or state institution.
State and Local Assistance and Programs
While awaiting Federal aid, a needy mentally ill person may qualify for state assistance through the Department of Public Welfare.
People disabled by mental illness may be eligible for subsidized/low income housing programs, such as public housing for the elderly and disabled administered by local housing authorities. One may apply in more than one municipality, since waiting lists may be several years long.
Other forms of aid, possibly available through the Department of Public Welfare, include food stamps and Emergency Aid to Elderly and Disabled (formerly called General Assistance), but these Federal and state-funded programs have been curtailed sharply in recent years. People not receiving SSI may become eligible for Medicaid by applying to their local Department of Public Welfare office: "MASSHEALTH" low-cost health insurance may be available for a mentally ill child or adolescent whose family has limited income.
Although the state Department of Mental Health continues to fund many types of programs for mentally ill people, such as housing, clubhouses, outpatient services, day treatment centers and emergency services, these are now being "privatized," i.e. delivered by a contracted vendor rather than by the state directly. Presently case management, state hospitals (though not necessary all services of these hospitals) and general administration are among the few services supplied directly by the Department of Mental Health. Having been in a state mental hospital and/or qualified for Medicaid helps get state assistance.
Guardianship and Conservatorship
A guardian is a person appointed by the court to handle both the personal and financial affairs of another person or "ward," who is incapable of handling his or her affairs due to mental illness or other disability.
A conservator handles only the ward's financial affairs, leaving the ward to make personal decisions. After age 18, all Massachusetts residents are legally considered to be on their own. Only through court action can anyone legally be appointed guardian or conservator. Since controlling someone else's right to make decisions is a serious step, often irrevocably depriving an individual of "inalienable" rights, all alternatives should be carefully considered:
Guardianship could be limited to certain areas of decision-making such as medical treatment. The use of guardianship or conservatorship could undermine the already damaged confidence and self-esteem of a person confronting mental illness and cause more harm than good by hindering recovery or beneficial effects of treatment. Most alternatives to guardianship or conservatorship can be adjusted or reversed as an individuals needs and abilities change, but only the courts can turn off or alter guardianship and conservatorship.
Wills and Estate Planning
Family members play an important role in helping relatives who are disabled by mental illness, but many are concerned about what will happen when they are no longer able to do so or are no longer alive. Both caring support and estate planning are needed. To answer these needs, NAMIs Guardianships and Trusts Network seeks to assist families by encouraging establishment of Planned Lifetime Assistance Network (PLAN) type organizations in every state.
The AMI of Massachusetts Trusts Committee has been working some years drafting plans for a pooled privately-administered trust with AMI connections. Enabling state legislation has been filed to assure that the trust would not disturb any state of federal disability benefits a client may be receiving. Even though this legislation may not pass, a non-profit corporation is being formed to oversee both the trust management and delivery of services to trust beneficiaries. To learn the current status of the Massachusetts Trust (or whatever name chosen for the entity), call AMI of Mass. At (617) 426-2299.
Many lawyers can help families plan estates and trusts for disabled beneficiaries in ways that will prevent invasion of estates and trusts for "cost of care" reimbursement and supplement but not interfere with services and entitlements provided by the federal and state government, such as housing, case management, SSI, SSDI, Medicaid and Medicare.
Trustees must file tax forms annually and must keep abreast of new laws as they might affect the operation of the trust. Remember: Money willed directly to a disabled person could cause cancellation or suspension of all of the persons financial (entitlement) support programs until the money is spent down to an established threshold.
Families also need an organization to act in their place ensuring that the disabled family member receives government entitlement benefits and the best possible quality of care from the mental health system, whether the member is in the community of in the hospital. Here is where a PLAN type organization could help. In many states these organizations have been set up jointly with advocacy groups for retarded or other disabled citizens. PLAN-sponsored support services can be put in place while families are still alive and responsible, to supplement and reassure continuity of caring.
Here are some organizations that can help:
Disability Law Center, 11 Beacon Street, Suite 925, Boston, MA 01208- (617) 723-8455 or 1-800-872-9992 (both Voice and TTY). Upon request, they will supply the names of three area lawyers who can help a family set up a trust for a mentally disabled person.
NAMI Guardianships and Trusts Network, Carol Obloy, Chair, New York State Office of Mental Health, 44 Holland Avenue, Albany, NY 12229 (518) 473-6945.
To order copies of the complete Resource Guide: Send your order and check to NAMI-MASS, 400 West Cummings Park, Suite 6650, Woburn MA 01801. One to nine copies $2.00 each , postage included. Twenty-five or more copies: $1.50 each, postage included.