Mental health and the Law

The Mental Health Initiative (MHI) of the Suburban Vicariate has prepared a series of articles for Mental Health Awareness Month. This article is by Vaughn M Thomas, attorney-at-law and MHI team member.

The World Health Organization describes mental health as “a state of mental well-being that enables people to cope with the stresses of life, realise their abilities, learn well and work well, and contribute to their community…. Mental health is a basic human right.”

It is not an exaggeration to suggest that the average adult will engage the legal system either directly or indirectly on at least one occasion in his or her lifetime. The distress brought on by legal disputes is a wellspring of the ‘stresses of life’ with deleterious impacts on the mental health of all involved.

These legal disputes often arise unexpectedly and amid periods of emotional and social turbulence, such as during the breakdown of relationships or the death of a relative.

Family

There is very little that is more disruptive to the way of life of an individual than the breakdown of a marriage resulting in divorce or separation. The disruption is compounded where one party was dependent on the other for financial survival or where the finances of both people are intertwined.

To resolve this breakdown, resort must be had to the law which opens a whole other ‘kettle of fish’. Most times, it is the first time one or both of the parties will ever have cause to darken the doorway of a courthouse.

Children

If the breakdown of the marriage is wrought with inconvenience, that is to say nothing compared to the headache surrounding the arrangements for any children involved in circumstances where the relationship breakdown is spiced with acrimony. Here parents must wrap their minds around the potential for preserving or losing custody, access and financial support for the children. Even where the parents are not married, they are not immunised from these struggles.

Estates

The death of a loved one raises significant legal confusion for dependents and other beneficiaries. What most people discover only after a relative’s death is that the ability to deal with money in the bank, rights to property and the rights to use of chattels (vehicles, jewelry, electronic devices) freezes.

This brings significant disruption to the way of life of dependents of the deceased and all the stresses connected thereto. It is often in death and the ensuing ‘bachannal’ for access to property that the worst in people comes to the fore, resulting in the breakdown of family ties and further trauma.

Unfortunately, that state of confusion is prolonged since those concerned avoid getting legal assistance for as long as possible, often labouring under the misconception that to engage the legal process is more dysfunctional than inaction.

Property

Too many people have experienced the dismay that comes with the threat of losing a home or the plot of land which supports the family. Others have had the misfortune of living the nightmare of spending a significant portion, if not all, of their life savings on acquisition of a parcel of land only to discover defects in the title and the refusal of the vendor to refund the monies extended. As melodramatic as these illustrations appear, it is where the law meets a wide constituency of people.

These examples all involve critical aspects of everyday life of everyday people who never comprehended that law can transcend such intimate aspects of their existence.

The common thread running through all these examples is the potential for elevated stress and confusion. The result is sleepless nights, chronic headaches, hypertension and a suite of mental health disorders ranging from stress to anorexia, anxiety, depression and suicidal ideation: the very antithesis of the state of mental well-being which the World Health Organization has set as the standard.

To reduce the impact of legal disputes on mental health the following are some useful practices:

• Seek competent legal advice
• Be careful who you seek out for support as they may be equally as blind as you
• Seek psychological support. If unsure contact the MHI.