What Is a Form 2 in Ontario?
When someone you care about appears to be experiencing a serious mental health crisis but refuses to see a doctor, it can be difficult to know what to do. In this video, I explain Form 2, one of the legal tools available to families in Ontario.
If you have a loved one with a serious mental illness, you HAVE to watch this video. In a flawed mental health system, a Form 2 is one of the few legal tools available to help a person in crisis. It is the primary legal tool to get a person to the hospital for an assessment if they refuse to seek help.
We often coach clients on how to get a Form 2, including what is legally relevant to include based on the Mental Health Act and what to do once you have received the Form 2.
What does a Form 2 do?
A Form 2 is an order for examination under Ontario’s Mental Health Act. If a justice of the peace signs it, police can take the person to an appropriate place to be examined by a physician. The order is valid for seven days, including the day it is signed.
A Form 2 gets someone to an examination. It does not, by itself, authorize a hospital to keep the person there or require them to accept treatment. After examining the person, the physician decides what happens next. Depending on the circumstances, that could include a voluntary admission, a Form 1 for further psychiatric assessment, or discharge.
Who can ask for a Form 2?
Anyone can apply. The justice of the peace must decide whether the information presented meets the legal criteria. A diagnosis alone, or a family member’s understandable concern, may not be enough.
It helps to prepare specific, recent examples of what you have observed: threats or attempts to cause harm, violent behaviour, signs that the person cannot care for themselves, or a serious decline in their condition. Dates, the person’s words, and relevant messages or records can help explain the situation. Be clear about what you witnessed yourself and what someone else reported to you.
While legal representation is not required, many families find it useful to receive legal advice prior to seeking a Form 2.
What happens after you receive one?
Take the signed Form 2 to the police promptly. Give them the person’s identifying information, likely location, and any information that may help them approach the person safely.
Families sometimes assume that getting a Form 2 means their loved one will be admitted to hospital. It does not. In fact, the advocacy to access care has only just begun.
We help families assess whether a Form 2 may be appropriate, organize the relevant information, and plan what to do after a Form 2 is issued. If there is an immediate danger, call 911 rather than waiting to seek a Form 2.
How can I get support seeking a Form 2?
Or you can contact us and schedule an advice meeting.
through a difficult time?
.png)