Case sets precedent for safeguarding patients with mental illness
With the help of the Xuhui District procuratorate and other authorities, the rights and interests of many patients with mental disorders will be protected.
"Abandonment is a frequent occurrence in these people and we are grateful the authorities have come forward for them," said Wang Lan, vice director of Xuhui District's health commission at Friday's press conference.
In a recent case released by the procuratorate, a nearly 70-year-old patient with mental disorders, surnamed Yang, was abandoned by his brother, who is also the only guardian of Yang.
Yang's ID card and property, including his retirement pay, disability benefits and social security benefits, were controlled by his brother.
Yang was taken to the Shanghai Mental Health Center in 1996. Nine years later, he had a fever and vomiting but his brother refused to visit him, or pay for medical treatment.
The more important thing was that if Yang needed to be transferred from the center to a hospital for treatment or emergency treatment in the future, approval from his guardian would be essential.
The center reported the case to the procuratorate. The judicial department said according to China's Civil Code, the guardian could be changed under such a situation. After communicating with Yang's neighborhood committee, the grassroots of the governance agreed to be the patient's guardian.
Under the guidance of the procuratorate, the committee sued Yang's brother and the district court supported the request in March.
The brother eventually transferred Yang's property to the committee. On Friday, the procuratorate signed a work plan with the center, the district's notary office and the committee for a work plan for the management of Yang's assets and a guarantee that they would all be used for Yang himself.
The plan details that Yang's assets should be kept by the notary office as a medical reserve fund and a small portion of money, which can basically cover the daily treatment cost, be kept by the center. The expense details and bills should be reviewed by the committee every year.
- This is the first agreement of its kind in Shanghai, the procuratorate said. It is also promoted in the whole district for protecting patients with mental disorders.
"Yang is lucky because with the help of the authorities, his money is back but, in some cases, the patients' money has been wasted by their family members completely," said Shao Yang, vice director of the center. "The protection for these people needs the help of the whole society."
Qiu Yan, vice director of the procuratorate, said these irresponsible guardians would be punished to resist the unhealthy practice.
