ABSTRACT

Civil commitment or compulsory treatment for psychiatric disorders has been in existence for over 150 years. How and when civil commitment has been implemented has evolved over the years to reflect the ideas of community, mental health professionals, and the law. Internationally, civil commitment laws range from very strict legislation to none at all. The European Union legally permits compulsory admission of the mentally ill only when a less restrictive environment might not be adequate or available. The term capacity is frequently mistaken for competency. Capacity is determined by a physician or other mental health professional, and not the courts. Understanding the consequences of their actions and an ability to ascertain the seriousness of their condition, both medically and psychologically, make individuals with an eating disorder very complex when questioning their capacity. Many individuals who are severely ill with an eating disorder lack competence or capacity to make treatment decisions on their own behalf, leading to involuntary treatment if necessary.