Question

A therapist receives a call from an individual who explains that the court recently appointed them conservator of their 35-year-old sister. The conservator explains that the sister has a history of mental health issues, including major depression with psychotic episodes. The conservator notes a desire to attend therapy sessions with the sibling to ensure treatment is beneficial. What are the legal responsibilities of the therapist in this case?

A. Request a copy of the court documentation to determine the type of conservatorship and powers granted to conservator.
B. Schedule an initial session with the conservator and conservatee to receive informed consent and begin family therapy.
C. Schedule an initial session with the conservator and conservatee to receive informed consent and explore most appropriate modality of treatment.
D. Schedule an intake session for family therapy and request court documentation to determine conservator's powers.

Answer 1

The therapist's legal responsibility is to first request and review court documentation to understand the conservator's powers. Informed consent must be obtained from the conservatee, if capable, before proceeding with any therapy sessions. Understanding the scope of the conservatorship is critical before making any treatment decisions. Option D is correct.

Step-by-step explanation:

In the scenario where a therapist is contacted by a conservator regarding treatment for a conservatee who has mental health issues, the therapist's legal responsibilities include verifying the nature of the conservatorship. The therapist should first request a copy of the court documentation to determine the exact powers granted to the conservator. This is important because conservatorship can vary in scope, and understanding the legal authority the conservator has over the conservatee is essential for establishing informed consent and the treatment boundaries.

The therapist cannot proceed with therapy, whether it's individual or family sessions, without obtaining proper informed consent from the conservatee, if they are capable of providing consent. Depending on the type of conservatorship and the state of the conservatee's mental health, consent may still be required from the conservatee themselves, not just the conservator. Therefore, option A is the most appropriate initial step for the therapist, as it pertains to understanding the legal documentation relevant to the conservatorship before scheduling therapy sessions.