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Dogmatic defenses of patient autonomy may do more harm than good when strictly applied.

The proposal would allow a role for families in legal determinations for patients with severe mental illness.

The proposal supports families' rights to be aware, present, and heard.

Last month, The Hastings Center for Bioethics released an essay calling for a Family Bill of Rights for the Relatives of Patients with Serious Mental Illness. Their thinking illustrates today’s growing recognition that dogmatic defenses of patient autonomy above all may do more harm than good when strictly applied to individuals with mental illness.

Using the federal Crime Victim’s Rights Act as a model, the Hastings Center for Bioethics proposal would allow “a limited but meaningful role for families in legal determinations for certain patients with severe mental illness.” It puts forth three essential concepts, all necessary based on my decades of experience as a family-focused mental health attorney:

The right to be aware: With the exception of family members with a history of domestic violence, laws should require........

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