What rights does an individual have to refuse antipsychotic medication?
California, United States of America
The following excerpt is from In re Qawi, 32 Cal.4th 1, 7 Cal.Rptr.3d 780, 81 P.3d 224 (Cal. 2004):
The right to refuse antipsychotic medication is not, however, absolute, but is limited by countervailing state interests. One such interest is parens patrie, the state's interest "in providing care to its citizens who are unable ... to care for
[7 Cal.Rptr.3d 789]
themselves." (Addington v. Texas (1979) 441 U.S. 418, 426, 99 S.Ct. 1804, 60 L.Ed.2d 323.) In California, parens patrie may be used only to impose unwanted medical treatment on an adult when that adult has been adjudged incompetent. (See Wendland, supra, 26 Cal.4th at p. 535, 110 Cal.Rptr.2d 412, 28 P.3d 151.)[7 Cal.Rptr.3d 789]
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