The difference between a 1799 hold and a 5150 is how long a person can be kept in a hospital and the reasons why they can be held. A 1799 hold lasts up to 24 hours and applies when a doctor believes someone is a danger to themselves or others due to a mental health crisis.
A 5150 hold is a 72-hour involuntary psychiatric hold used when law enforcement or a mental health professional believes someone is a danger to themselves or others or is gravely disabled.
If you or a loved one has been placed on one of these holds, you can get legal help. Our Burbank mental health lawyer will protect your rights and guide you through the legal process.
What is a 1799 Hold?
A 1799 hold is a short-term, 24-hour psychiatric detention used in California hospitals. A doctor initiates this type of hold when they believe a patient presents a serious risk due to a mental health crisis.
Key Facts About a 1799 Hold:
Here are some important details about this type of psychiatric hold:
- Only doctors can place a 1799 hold. Law enforcement and other professionals cannot initiate it.
- The hold lasts up to 24 hours. After that, the person must be released or transferred to a 5150 Hold.
- No formal mental health evaluation is required for the patient. A doctor’s judgment alone is enough.
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What is a 5150 Hold?
A 5150 hold is an involuntary 72-hour mental health hold in California. It is more formal and follows specific legal guidelines under the Welfare and Institutions Code § 5150.
Key Facts About a 5150 Hold
Here are key things to know about how this psychiatric hold works:
- Law enforcement, doctors, or mental health professionals can initiate a 5150 Hold.
- The hold lasts up to 72 hours for psychiatric evaluation and treatment.
- Certain rules apply. The person must be a danger to themselves, a danger to others, or unable to care for themselves due to mental illness.
Can a 1799 Hold Turn into a 5150 Hold?
Yes. If a doctor determines that a 1799 hold patient continues to be a danger to themselves or others after 24 hours, they can transfer the patient to a 5150 hold for a full psychiatric evaluation.
What are Your Rights Under a 1799 or 5150 Hold?
If you or a loved one has been placed on either type of hold, you still have legal rights, including:
- The right to know why you are being held.
- The right to contact an attorney.
- The right to challenge the hold if you believe it is unfair.
What Happens After a 5150 Hold Ends?
After a 5150 hold expires, one of the following may happen:
- The person is released if no further treatment is needed.
- The hold is extended to a 5250 hold (14 days) if doctors believe ongoing care is necessary.
- The person voluntarily agrees to treatment beyond the 72 hours.
Our mental health lawyers can explain the difference between a 5150 and 5250 and work to ensure your rights are protected throughout the process.
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How Our Mental Health Lawyers Can Help with a 1799 Hold vs. 5150 Hold
If you or a loved one has been placed on a 1799 hold or a 5150 hold, you may feel scared, confused, or unsure of what happens next. Our experienced mental health lawyers will take care of your whole case.
When you come to us, we will:
- Make certain your rights aren’t violated: Hospitals, law enforcement, and mental health professionals must follow strict legal guidelines. We will make sure you are treated fairly and that no one violates your rights.
- Challenge a wrongful hold: If you were placed on a hold without proper justification, we can gather evidence, challenge the hold, and push for an early release.
- Help you navigate the legal process: Understanding mental health laws can be overwhelming. We explain your options clearly and help you make informed decisions.
- Advocate for the best outcome: Whether that means securing an early release, ensuring proper medical care, or protecting your record from long-term consequences, we fight for what’s best for you.
- Assist with next steps: If continued treatment is recommended, we can help you explore voluntary treatment options, prevent an unnecessary 5250 hold, or file an appeal if needed.
- Support families and loved ones: If you’re seeking help for a family member under a hold, we can provide legal guidance, advocate for their well-being, and help you understand their rights.
What You Can Do if a Loved One Is Placed on a Involuntary Hold
If a family member or loved one has been placed on a 1799 or 5150 hold, you may feel worried and powerless. While the situation can be stressful, you can support your loved one by doing the following:
- Stay calm and gather information: Ask the hospital’s staff why the hold was placed, what the next steps are, and when the hold will end.
- Check on their well-being: Patients on a hold have the right to basic care, communication, and respectful treatment. If you suspect mistreatment, document everything.
- Communicate with doctors and hospital staff: While medical privacy laws limit what can be shared, you can still provide important background on their mental health history and advocate for their needs.
- Make sure they understand their rights: Many individuals in a crisis are confused about what a mental health hold means and whether they can challenge it.
- Contact our mental health lawyers: We can work to secure an early release, ensure the hold is not extended unfairly, and protect your loved one’s future.
We Offer Legal Help for a Loved One Placed on a Psychiatric Hold
If your loved one has been placed on a psychiatric hold, we can represent them as well. We can:
- Request a hearing to challenge the hold if it was placed unfairly.
- Ensure proper treatment and prevent an unnecessary 5250 hold (14-day extension). Our Burbank 5250 hearings lawyer will provide legal guidance on this matter.
- Advocate for early release if the person does not meet the legal criteria for detention.
- Provide legal guidance for families seeking to protect their loved one’s employment, record, and rights.
We Can Help You with a 1799 Hold vs. a 5150 Hold — Call Us
If you or a loved one is facing a 1799 hold or 5150 hold, we can explain the difference between them as well as the legal options you can pursue. Our Burbank mental health lawyers from Simmrin Law Group have decades of legal experience.
We have represented many Californians and believe we can help you. We will guide you through your legal options and help protect your rights. Contact us today for a free, confidential consultation. You can take back control and move forward with confidence. Reach out to us today.
Call or text (310) 896-2723 or complete a Free Case Evaluation form