Forcing Someone Into Rehab: A Comprehensive Guide to Helping a Loved One

Watching someone you love get swallowed by the relentless tide of addiction is painful. When they simply can’t or won’t see it, it gnaws at your insides.

The often asked, desperate question is: “Can I make them go to rehab?” In reality, involuntary commitment might feel like the only lifeline.

This guide delves into how to help a loved one battling alcohol orsubstance use disorder, explores the legal avenues, ethical tightropes, and, most importantly, effective strategies to guide them forward in the recovery process.

Understanding the Complexities of Addiction and Denial

Denial of addiction is a common symptom, raising a barrier to early intervention and treatment. As a result, treatment often comes due to pressure from family and employers who can leverage their influence over the addict’s or alcoholic’s life.

To think about the drastic measure of forcing someone into a drug and alcohol treatment centre, families must have wrangled with the addiction beast for some time. Families have exhausted all other avenues and understand that addiction is not a matter of weak will or a simple lapse in judgment. They understand that addiction is a chronic, relapsing brain disease. They know that the very circuitry of the brain is altered by prolonged substance use, leading to compulsive drug-seeking behaviours despite devastating consequences.

One of the biggest hurdles in getting someone help is denial. Individuals struggling with addiction often develop elaborate defence mechanisms to downplay or completely ignore the severity of their problem. They might genuinely believe they have things under control, blame external factors, or simply be terrified of facing the reality of their situation and the daunting prospect of withdrawal symptoms. This denial can be incredibly frustrating and isolating for loved ones who see the destructive path clearly. Understanding that this denial is often a symptom of the disease itself, rather than willful stubbornness, can shift your perspective and approach.

Is Forcing Rehab Possible? Legal and Ethical Considerations

South African has involuntary commitment laws through section 33 of the Prevention of and Treatment for Substance Abuse Act 70 of 2008. This allows someone close to the alcoholic or addict to make a sworn statement (affidavit) to open an enquiry.  This begins the legal process, generally run by an experienced social worker, that allows the legal provision for an alcoholic or addict to be court-ordered involuntarily into addiction treatment for a period of up to one year. 

Patients can be released earlier than one year, but generally at that stage they’re living in a halfway house. We know, through research and experience, that for severe alcohol and substance abuse, treatment lengths of less than 90 days are of little value. So patients generally spend 3 to 4 weeks in Primary Care, 3 to 6 months in Secondary Care and then live in a halfway house for many months to reintegrate.

It’s critical to note that this is not a criminal charge, the court mandated rehab order is done in the family court.

The section 33. (1) essentially states that admission of involuntary service user to an addiction treatment centre is on the following three grounds

(a) is a danger to himself or herself,

(b) is a danger to others.

(c) commits a criminal act to sustain his or her dependence on substances.

This might involve expressing suicidal or homicidal ideations, experiencing severe psychotic episodes related to drug use, or being so incapacitated that they cannot provide for their basic needs (food, shelter, safety).

The burden of proof to demonstrate the necessity of court-ordered rehab is on the applicant, the family member (employer etc) who completes the affidavit. Our social worker will guide you through the process and secure the earliest court date for appearance as possible. It’s absolutely crucial to seek professional guidance to understand the specific legal pathways and requirements in your area. Navigating this system without expert guidance can be overwhelming and potentially unsuccessful.

Beyond the legal framework, forcing someone into rehabilitation raises profound ethical considerations. We’re grappling with the fundamental right to individual autonomy versus the need to intervene in a potentially life-threatening situation. While the intention is undoubtedly to help, stripping someone of their freedom, even for their own good, can have significant psychological consequences and strain relationships. It’s a delicate balance between showing care and respect for their agency. The long-term effectiveness of coerced treatment generally has little to do with pre-admission motivation as genuine impetus and desire for recovery often increase with sustained sobriety.

The USA’s State of Florida has a similar legal recourse for families of loved one: The Marchman Act.

Effective Strategies for Getting Someone into Rehab

While directly forcing someone might be legally challenging, time consuming and ethically fraught, there are other constructive and effective intervention strategies to guide a loved one toward accepting help:

• Intervention: A Structured Approach

  An intervention is a carefully planned meeting involving family members, friends, and sometimes a professional interventionist. The goal is to present a united front, expressing concern and outlining the impact of the addiction in a non-judgmental way. A professional addiction interventionist can be invaluable in facilitating this process. They bring expertise in communication, de-escalation techniques, and understanding the dynamics of addiction. A successful family intervention involves meticulous planning, rehearsing what will be said, and having clear consequences in place if the individual refuses help. The focus should be on love and concern, not blame or anger.

• Setting Boundaries and Consequences

  Even if a formal intervention isn’t immediately feasible, establishing clear boundaries is crucial. This involves defining what behaviors you will and will not tolerate and consistently enforcing the consequences if those boundaries are crossed. For example, you might refuse to provide financial support, allow them to stay in your home while using substances, or engage in conversations while they are under the influence. While difficult, these boundaries can create a necessary catalyst for the individual to recognize the impact of their addiction.

• Leveraging Legal Options (Involuntary Commitment)

  As discussed earlier, legal pathways for involuntary rehab exist in many places. If you believe your loved one meets the strict criteria outlined by your local laws (danger to self or others, or grave disability), exploring this option with legal counsel and mental health professionals may be necessary. This often involves gathering evidence, such as documented incidents or professional assessments, to support your case in court. Understanding the specific procedures and the likelihood of success is crucial before pursuing this route.

• The Role of Drug Courts

  In some jurisdictions, drug courts offer an alternative to traditional criminal justice proceedings for individuals with substance abuse issues. If your loved one has been arrested for a drug-related offense, a drug court may provide an opportunity for them to enter court-ordered treatment as part of their sentence. These specialized courts often combine judicial oversight with intensive supervision and addiction treatment services, offering a structured pathway toward recovery within the legal system.

What is an Involuntary Rehab Commitment Order?

The South African Prevention of and Treatment for Substance Abuse Act 70 of 2008, section 33, allows a person close to the addicted individual to make a sworn statement (affidavit) to open an enquiry.  This begins the legal process, generally run by an experienced social worker, that allows the legal provision for an alcoholic or addict to be court-ordered involuntarily into addiction treatment for a period of up to one year.

Committing Someone to Rehab: Is it Possible?

Contact us now to chat with our social worker to arrange a court order for your addicted loved one.

Committing Someone to Rehab: Does It Work?

The biggest myth around addiction is that treatment is a waste of time, unless the patient wants to go to rehab. This is untrue. Research has repeatedly shown that pre-admission motivation has little to do with the outcome of treatment. Yes, even those who are forced into rehab can and do get better.

We see many examples of this. Patients who are court-ordered into rehab, unwilling, unhappy, and resistant to treatment that have many years clean and sober today.

Contrary to the belief that treatment can only be successful if the individual willingly seeks help, involuntary treatment has proven to be an effective step towards recovery. Addiction should be treated as a medical issue rather than a moral failing. Many individuals in the throes of addiction may not recognise their problem until they’ve received proper treatment. Factors contributing to addiction include:

• A family history of substance abuse
• Environmental influences, such as social circles and frequented places
• Underlying psychological conditions

The most effective way to initiate treatment for someone is through a Section 33 Court Order, approached not as a punitive measure but as necessary medical intervention.

Getting a Section 33 Court Order

Securing a court order may seem daunting but follows a clear procedure with the right documentation, including:

• Two affidavits confirming the individual’s risk to themselves or others
• A report from a social worker detailing the situation
• A psychosocial assessment from a designated healthcare practitioner

Immediate action is crucial in these cases to prevent further harm. Involuntary commitment serves as both a preventive measure and a path to recovery, acknowledging the potential for addiction to lead to fatal or criminal outcomes.

Reaching Out for Help While the thought of needing emergency psychiatric care for a loved one is daunting, understanding that there are legal avenues for help offers some comfort. For those dealing with substance use alongside mental health challenges, seeking support is a critical step towards recovery.

The purpose of an intervention is a seamless transition to rehab. The below preparations need to be in place before starting.

10 Tips

1. Get professional guidance to choose the team wisely.  Only those with a meaningful relationship that can motivate change need to be present.
2. Choose the right time. Usually first thing in the morning, after a crisis that increases vulnerability.
3. The right location. Ideally a neutral space, sometimes therapy offices, conference rooms or home.
4. There is often an order of speakers starting with most intimate to sometimes wider community members.
5. Rehearse clear explicit statements. Emotions can run high and role playing preparation is important.
6. Scripts need to be short and not ad-libbed when presented.
7. Warm, open body language. Arms and legs uncrossed, tilt towards the patient, lean in for emphasis.
8. Keep tempers under wraps, and do not fight fire with fire; arguing deflects from our purpose.
9. Develop a unified front of plans to thwart potential exits with consequences already agreed upon.
10. Studies show that treatment works for resistant patients! The intervention isn’t over until they’re in rehab.

Rehab works even if the patient is unwilling to go into treatment.

Addicted people resist rehab due to the structural and functioning changes in the brain, not defects of character. Patients often realise how bad it is only once they’ve been detoxed. People can be forced into rehab and, after being exposed to treatment, realise the extent of the problem. It’s only then that they begin to take responsibility for their recovery.

A professional intervention requires hours of work with the family before engaging the patient. The role of the family is to have a persuasive conversation with clear boundaries and consequences.

The fundamental point is that the immense concern over drinking or drugging has escalated to a point where it’s no longer possible to continue.

Would you be willing to force your loved one into rehab if it would save their life?

In cases where the individual is clearly a risk to themselves or society, it is possible to obtain a court order forcing the admission to a drug or alcohol rehab. We have private social workers who specialise in compiling reports to speed up the process for court-ordered rehab.

In South Africa, rehab is court-ordered under the Prevention and Treatment of Substance Abuse Act. People from the UK, Holland, Dubai, Kuwait and Saudi Arabia may also be court-ordered into a South African drug or alcohol rehab.

Read more about the various types of interventions.

Don’t let another day stand between you and recovery. Call 081 444 7000 for immediate admission to the best private rehab centres. If you’re calling from the UK, dial 0800 955 4357

In South Africa, the State makes provisions allowing for the committal of people who, due to substance abuse, do harm to themselves by wasting their money, disturbing the peace, harming themselves physically or neglecting themselves or their families.

In the State of Florida, USA, a similar commitment statute known as The Marchman Act exists. This is a law designed to help families through legal means by getting the courts to have loved ones addicted to alcohol or other drugs into a court-ordered and supervised intervention, assessment and stabilisation, detoxification and long-term treatment if necessary, when they will not do it themselves.

Addiction can be treated. We have firsthand experience and can offer real insights or support for you or your loved one. Contact us today or call us on 081 444 7000 for a confidential conversation.