A guardian in New York cannot force a person to take psychiatric medication against their will unless very strict legal processes are followed, which includes approval from a judge.
This post discusses how to legally compel a person to take psychiatric medication both inside and outside the context of guardianship so that guardians in New York are aware of the tools at their disposal.
First, the guardian can petition the court to hold a Rivers hearing. In a Rivers hearing the judge will follow strict criteria to determine whether an incapacitated person can be required to take psychotropic medication.
Second, the guardian can consider utilizing Mental Hygiene Law (“MHL”) Article 9, but the guardian would not be petitioning in their capacity as guardian.
Continue Reading Can a Guardian Force Their Ward to Take Psychiatric Medication?