Interestingly, in Japan and Korea, two forms of “Involuntary Hospitalization” are allowed
by the current mental health laws. In Japan, the law is the Law Related to Mental Health and
Welfare of the Person with Mental Disorder. One form is “Involuntary Hospitalization”,
which is intended for the treatment and care for individuals deemed likely to hurt
themselves or others because of mental disorder based upon abnormal behavior and other
circumstances. Another form is “Hospitalization for Medical Care and Protection”, which is
intended for the treatment and care of individuals who are judged to be mentally
disordered based upon examination by a designated physician and who need
hospitalization for medical care and protection. “Hospitalization for Medical Care and
Protection” requires the family’s consent instead of the patient’s consent, and it has been
allowed since 1950 by the Mental Hygiene Law. Furthermore, in these countries, family
caregivers are obligated to do the following: (1) protect the person with a mental disorder to
ensure treatment and the protection of his or her proprietary interests, (2) cooperate with the
physician to ensure that the person with the mental disorder is correctly diagnosed, and (3)
comply with the physician’s instructions to ensure medical care for the person with the
mental disorder. Therefore, family members of people with mental disorders have
experienced guilt related to “involuntary hospitalization” for many years. Additionally, the
family member with the mental illness often blames their family members for giving
consent. Involuntary psychiatric hospitalization has led to complex family relationships in
Japan, especially because patients have little insight into the seriousness of the illness during
the acute delusional stage of schizophrenia and later forget these situations.