Under certain circumstances, governmental agencies can order a person to be detained against his or her will and undergo treatment without the person’s consent. Such orders can be issued pursuant to the Act Regarding Care for Minors (LVU), the Act Regarding Care for Substance Abusers (LVM) and the Act Regarding Compulsory Care for Persons With Psychological Disorders (LPT).
A minor can receive compulsory care pursuant to LVU due to conditions in the minor’s home environment or due to the minor’s actions and behavior, if there is a significant risk for the minor’s health or development. A pre-requisite for compulsory care, however, is that the necessary measures cannot be carried out with the minor’s and guardian’s consent. Generally, the compulsory care terminates when compulsory care no longer is needed and at the latest when the person turns 21 years of age.
Compulsory care pursuant to LVM can be ordered for a person that needs help to overcome substance abuse and the assistance cannot be provided on a voluntary basis. Compulsory care can only be ordered if the person’s substance abuse poses significant risk for the person’s physical or mental health and poses a clear risk of harm to the person or others. Compulsory care pursuant to LVM generally entails placing the person in a care facility for a period of time.
Three criteria must be satisfied in order to order compulsory care pursuant to LPT. First, the person must suffer from a significant psychological disorder. Second, the need for care must be either unavoidable. Third, the care cannot be provided on a voluntary basis.
If you are subject to compulsory care pursuant to LVU, LVM or LPT, you have a right to legal counsel to assist you in the proceedings. Guardians, too, have a right to legal counsel if the guaridan’s child is subject to compulsory care. In most cases, legal fees are paid for by the government. The person or guardian can in most cases request that the court appoints a lawyer that the person or guardian designates. If the person or guardian does not have a preference, the court will select the lawyer that represents the person or guardian. We at Advokatbyrå Prima have extensive experience in these matters. Please contact us to discuss how we can help you.
Financial and Other Support Pursuant to LSS
Fighting the Social Insurance Board (Swedish, Försäkringskassan) and municipalities to secure the support you are entitled to under various laws can be arduous and stressfull for people with disabilities, their relatives and representatives. We can help, whether you are preparing to apply for support, have appealed a desicion to the administrative court or elsewhere in the process.
People with disabilities are entitled by law to certain forms of assistance. Assistance may be financial support from the Social Insurance Board, or assistance from municipalities. The Act Regarding Special Suppport lists ten forms of assistance, including for example, assistance in the home to carry out daily chores, short-term stays outside of the home for recreational purposes or daily activities. To be entitled to assistance, the person must be covered by the Swedish National Insurance and has a disability covered by the Act and satisfies the other requirements under the Act. We at Advokatbyrå Prima have extensive experience in these matters. Please contact us to discuss how we can help you.