Legal status of incompetent patients in psychogeriatric settings from a Dutch perspective

In 1994 the Compulsory Admissions in Psychiatric Hospitals Act (Bopz) was introduced in the Netherlands. The main purpose of the Bopz is to offer legal protection for patients who are involuntarily admitted to a psychiatric hospital. Although the law was originally designed for psychiatric patients, it also effects the legal position of psycho-geriatric patients in care homes and some rest homes. In 2001 the law was evaluated for the second time. The evaluation study shows that the legislation in psycho-geriatric settings offers only little protection for the residents, mainly because the Bopz-law was originally designed for a psychiatric setting. Therefore the terms, used in the Bopz, are not suitable for nursing homes and rest homes. It is suggested that for psycho-geriatric patients special legislation should be developed, possibly including those with an intellectual handicap.