A woman walks into our law firm, tears in her eyes. Her sister, once vibrant and full of life, has spiraled into a state of psychosis. She’s not sleeping, she’s not eating, she’s talking to herself, wandering outside in the middle of the night, accusing strangers of conspiracy. Her family doesn’t know what’s wrong—maybe it’s schizophrenia, maybe it’s a manic episode related to bipolar disorder, maybe something else entirely. What they do know is this: she is a danger to herself, and maybe to others.

They’ve checked the files, the safe, the junk drawer. There’s no Personal Directive. No Enduring Power of Attorney. There is no formal substituted decision-making authority in place. The family is scared, and their question is simple but desperate:

“What can we do?”

This question is more common than you might think.

Mental health crises happen, and they often happen suddenly. The legal system offers some tools for families who want to help, but the road is not always straightforward, and success is never guaranteed. Here are some of the primary legal avenues available:

1. The Form 8 Warrant (Urgent Mental Health Detention)

If a person appears to be suffering from a mental disorder and is likely to cause harm to themselves or others, or to suffer substantial mental or physical deterioration, a Form 8 Warrant may be an option.

A family member can appear before a Judge and swear a written statement outlining the concerning behaviours. If the Judge is satisfied, they may issue a warrant authorizing the police to apprehend and transport the individual to a hospital for psychiatric assessment by a physician.

Cautions:

• This process can be traumatic. The person is usually picked up by police officers.
• The hospital may not hold them if they do not meet the criteria under the Mental Health Act, even if their behaviour seems irrational or concerning to family.
• If the person presents as calm, rational, and not explicitly threatening, they may be released even if they are clearly living in their own delusions.

Still, in acute situations, it can be the only way to get someone into the hospital for evaluation.

2. Applying for Guardianship and Trusteeship

If the person lacks capacity and is unable to make personal or financial decisions, you can apply to the court to become their Guardian (for personal/medical decisions) and/or Trustee (for financial/legal decisions).

There are three types of applications:

1. Desk Applications (Non-Urgent, No Hearing Required)
   • Used when there is no objection and the situation is stable.
   • Requires a Capacity Assessment Report and submission of significant paperwork.
   • The judge makes a decision based on the paperwork.
   • Timelines for these applications can take as much as 10 months.
   • Results in a permanent order, with the possibility of review in a number of years.
2. Hearing Applications (Non-Urgent, But More Complex)
   • Required if there are objections or concerns about the application.
   • Requires a Capacity Assessment Report and submission of significant paperwork.
   • The judge decides based on the evidence and oral submissions from all attending parties.
   • Timelines for these applications can take as much as 1-2 months.
   • Results in a permanent order, with the possibility of review in a number of years.
3. Urgent Applications
   • Used when there is an immediate risk of harm or serious consequences if decisions aren’t made.
   • May proceed with shortened application, shortened notice, limited-service requirements and often is heard by an emergency hearing.
   • Can result in a temporary guardianship/trusteeship order – 90 days with the opportunity to extend it by 6 months to a maximum of 9 months before being required to do a full application (likely by way of hearing)

Combining the Tools

In some cases, we recommend pursuing both a Form 8 Warrant and an urgent guardianship/trusteeship application. Getting the person to the hospital might open the door for assessment and treatment. Having a legal guardian in place can help advocate for care, manage medications, and make safe living arrangements. A trustee can manage bank accounts, rent payments, and debts.

However, we always remind families: these tools are powerful, but they do not guarantee compliance or immediate change. Sometimes people are released. Sometimes treatment takes time. Sometimes the law moves slower than we hope for.

The Heart of the Matter

Helping a loved one in crisis is one of the hardest things a family can face. The law offers support, but it’s not magic. It works best when combined with compassion, patience, and a strong network of medical, legal, and emotional support.

If you’re in this situation, you are not alone. We are here to help you navigate the options, understand the risks, and take steps forward.

Because sometimes, the only thing you can do for someone you love is ask: “What can we do?”

Author

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Contact a member of our trusts and estates group for support.

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