Abstract
By requiring states to have fair procedures for assuring the competency of patients seeking voluntary hospitalization,zinermon v. Burch will produce, legal change that may make voluntary admission more difficult. This Article analyzesZinermon and recommends administrative changes that canincrease the therapeutic potential of voluntary hospitalization. Analyzing competency from a legal and therapeutic jurisprudence perspective, the Article argues thatcompetency to assent to hospitalization should be defined narrouwly and that the competency issue should be decided by informal administrative, methods rather than adversarial judicial proceedings. The Article also examines the recent American Psychiatric Association Task Force Report recommendations on how these issues should be dealt with.
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