Can You Get Somebody Into Drug Treatment Against Their Will?
Yes, absolutely! That is the good news. The bad news is most states do not allow this type of help and in the ones that do it is very difficult to achieve. That’s why, with the fentanyl crisis, treatment centers just south of the border, 30 minutes away from San Diego are thriving. Mexican law is much different than in California. California has a law called the 5150 law where somebody can commit somebody under very strict circumstances and even that only gives the person a two-day window. In Mexico, Mexican law applies to Americans as well. Family members have conservatorship rights automatically. What that means is a family member is allowed to place an addicted loved one in the care of a treatment center without their consent. On top of that most of the treatment centers, South of the border do not allow clients to leave until the completion of their program. This can be anywhere from 30 days to a year. The situation is saving lives and giving family members control for once.
In many cases, people who struggle with substance use have difficulty recognizing and accepting that a real problem exists and that professional help is absolutely necessary. Even if an addicted person knows that he has a problem with drug addiction, he may still be unwilling to accept treatment for it. Professional treatment for a substance use disorder (and any other co-occurring mental health concerns) is the most successful way to overcome addiction and experience lasting wellness.
If someone you care about is in active addiction, chances are that you have been incredibly worried for a long period of time. You (or your whole family) may have debated what to do. Perhaps you have tried persuading your loved one. If you are considering sending him or her to rehab on an involuntary basis, you have probably considered a number of other options already.
It can be difficult to persuade an addicted person to receive professional treatment if he is unwilling to accept it. In some cases, it may be necessary for family members to send an addicted person to treatment against his or her will. At Baja Rehab, many clients believe they are going to purchase drugs at a cheaper price or go stay at a nice Airbnb for vacation. What really happens is the family member drives into the facility, and an intervention is done on-site. Because of the large number of deaths, many family members are making these life-and-death decisions.
This is easier if your addicted loved one is under the age of 18 and you are his or her legal guardian. Most states allow custodial parents to make these decisions. The real question is: once your loved one enters treatment, will he or she actually participate, listen, and gain the best out of the experience?
In the states, If the addicted person is 18 years of age or older, they are a legal adult and cannot be forced into rehab without a court order. Mexico believes that drug-addicted people have lost the ability to make sane decisions. Any family member who is struggling to watch a loved one die from addiction understands and completely agrees with Mexican law.