Along with the Petitioner’s Summary and Checklist, below are other lessons learned that might be helpful when preparing for ACT:

 

• Consider working with a Case Manager

  A case manager could help serve as a liaison between the psychiatrist, the attorney and the person requiring treatment. Caregivers may worry about ruining the relationship with their loved ones if they are seen as the one petitioning and enforcing treatment.  A case manager may help caregivers remain "neutral" throughout this process and provide additional support for caregivers.  Case management is often covered under health insurance, however, insurance providers often require "consent" from the person who is mentally ill.  Since this is often difficult to obtain, private case managers are a good alternative as they do not require consent and can be paid directly by the caregiver.  See our contact list below for private case managers in Hawaii.

 

• Be aware that ACT is only 6 months long

  If the court accepts your petition and mandates that your loved one receive treatment, this enforcement is only in affect for 6 months.  The hope is that your loved one may voluntarily continue treatment after 6 months, however, this may not always be the case. You may petition for an extension of the enforced treatment plan, but this is something you and your family should factor into your decision before petitioning for ACT.

 

• Know that the respondent will be notified of the court hearing, but is not required to attend

  Once the petition is submitted, the "respondent" (or the person who is considered mentally ill and in need of treatment) will be notified of the court hearing.  The court is legally obligated to physically deliver a notice of the hearing to the respondent.  The respondent may attend the court hearing to "defend" themselves, but they are not required to be present in order for the court hearing to proceed.

 

• Understand that the law is new 

  The new ACT law was passed in Hawaii on Jan 1st, 2014, but the first ACT petition was not submitted until July, 2014.  Whenever a new law or program is implemented, there will always be some additional processes and questions that need to be worked out with the first few cases that go through.  The court, attorneys, health providers and other mental health advocates are all working hard to make sure the ACT program is implemented appropriately, but it may take some time for some of the "kinks" to be ironed out.  This should not stop caregivers from learning more about ACT and petitioning if this is indeed the right decision for you and your loved one.  It is just important to understand the reality of the situation in order to have expecations set.