The person affected through the involuntary commitment may need to hire a lawyer if still free. The legal professional may need to prove to a court that the client is mentally competent and not a danger to others or his or her own body. Disclaimer: Every effort has been made to ensure the accuracy of this publication at the time it was written.
State laws and rules regarding involuntary commitment are subject to the due process clause of the Fourteenth Amendment, which guarantees the right to be free from governmental restraint and the right not to be confined unnecessarily.
Others involve the dangers that exist because of the mental condition such as schizophrenia or multiple personality disorder. But, the need for commitment in a facility is greater when there is a higher risk of dangerous situations. The person affected through the involuntary commitment may need to hire a lawyer if still free.
This is a must-read that explains the issue of involuntary treatment and/or involuntary commitment from a legal/political/social perspective. What follows is an extremely basic introduction to some of the concepts you should know about. Involuntarily committing someone involves taking away freedom.
Removing the freedom of someone through involuntarily committing usually requires a decision by both the person considering the action and a mental health professional. This decision is a serious one that takes away freedom from society. There are laws that justify this action by taking away the rights of the affected.
Counselors that have similar power may not normally hear thoughts and feelings that could lead to harm to the person or others, but there are some situations where this could happen that lead to involuntary committing of the individual.
The person affected through the involuntary commitment may need to hire a lawyer if still free. The legal professional may need to prove to a court that the client is mentally competent and not a danger to others or his or her own body.
Confinement to a mental health facility against one's will, whether to protect the public from danger or to protect the individual from self-harm, is referred to as involuntary commitment. Certain legal procedures must be followed to ensure that the patient's constitutional rights aren't violated. The civil commitment process in ...
Standards for involuntary treatment and confinement vary from state to state, although all patients are afforded protections under the federal Civil Rights of Institutionalized Persons Act of 1980 (CRIPA).
Illinois - Anyone who believes an individual needs immediate, involuntary hospitalization may present a petition to a mental health facility in the county where the patient resides. This petition must include a detailed statement, the name of the individual's spouse or guardian, and the petitioner's relationship to the patient.
Generally, the goal of the petitioner (the party seeking commitment) is to secure a court order requiring the patient to receive necessary treatment against their own wishes. If involuntary confinement pertains to a criminal matter, the petitioner most likely will be the district attorney; but mental health professionals, spouses, or other individuals also may file a petition.
Most states require a court order within two to three days of an emergency confinement and a hearing within a few weeks.
The civil commitment process in the United States began during colonial times, but it would take more than 200 years for these laws and procedures to finally recognize the rights of patients (and the public). The following is a summary of patient and public rights with respect to involuntary commitment, including the grounds for commitment;
Also, Florida requires that the use of "restraints, seclusion, isolation," and other, more-extreme measures "may never be used for punishment, convenience of staff, or to compensate for inadequate staffing.".
The petition can be filed by the person to be protected, or by any person interested in the estate, affairs, or welfare of the protected person. This appointee could be a parent or guardian, or by any individual or entity adversely affected by improper management of the property and affairs of the protected person.
In many states, a patient on a voluntary admission who wishes to leave must give the institution three days notice. This gives the hospital the opportunity to apply for involuntary commitment of the patient, if the staff determines that is appropriate.
Either an individual or a corporation with general power to serve as a trustee may be appointed conservator for a protected person. Typically, state laws provide a preferred order of priority for those who may be considered by the court for appointment.
An alternative to the expensive and formal process to create a conservator is for the individual, while competent, to create a durable power of attorney, discussed in a different article. That is almost always the preferable method to assure that one’s assets are protected if one cannot do it on one’s own.
Involuntary Commitment. When a person’s mental illness causes the person to be a substantial threat of harm to him or herself or others, involuntary commitment may be an option. This is an extremely difficult decision for a family member to make, but it may be the only option to keep the person diagnosed with mental illness safe.
Section 9.60 of the NYS Mental Health Law, also known as Kendra’s Law, establishes a legal procedure for certain persons to petition the court to order seriously mentally ill individuals to accept treatment as a condition for living in the community.
The Court considers several factors in determining if a person will benefit from AOT because the person will be forced to take medication or undergo other treatment for the mental illness. The Court will determine which treatment is appropriate in the least restrictive environment.
Legal Support with the Civil Commitment Process. The person faces civil commitment should hire a lawyer to defend his or her personal rights against confinement. The lawyer will investigate the matter and may provide alternatives to civil commitment to the judge or refute the need to the civil commitment process which could keep the person for ...
The commitment is often necessary because of some physical or mental condition that can lead to harm in some manner.
The primary goal when there is an instance of civil commitment against the person that is a threat is to remove the danger from the general public and protect the citizens in the city or state. This protection can also extend to the patient or person.
The person that could face civil commitment may commit a crime and then face a court and judge at some point. The condition the individual has becomes known to the judge, and this could lead to a case against the individual. Then, the facts of the case pass to the lawyer prosecuting the defendant.
When a person faces possible civil commitment in the state, he or she will need to hire a lawyer. These situations involve a loss of freedom in the state of residence until the mental health professional or facility manager determines that the treatment is successful. In light of these circumstances, the person will need a lawyer to protect his or her rights. This can lead to the need to seek and acquire treatment independently with a professional signing off on checking up on the person or help through a facility as an outpatient.
Most states will give the prosecuting lawyer and law enforcement the ability to temporarily confine the person either in a local or county jail or in a facility that specializes in mental health. The individual confined in such a manner will need legal support to get out of the facility and to defend against the civil process.
Even in transactional civil matters, such as drafting a contract, a lawyer can be very helpful. A lawyer can make sure contracts are drafted correctly and avoid problems at a later date. A real estate purchase, business purchase, and/or creation of a trademark or copyright will most likely involve a lawyer.
Lawyers can provide a wide range of services to their clients. Some lawyers handle many different types of cases. Some lawyers specialize in one or two types, such as family and divorce law.
Family law is law that involves family matters. These matters can include marriage, divorce, adoption, child support, custody and establishing parentage. In most cases, marriages do not require a lawyer but a prenuptial agreement should be reviewed by a lawyer.
A lawyer is an individual who is licensed to practice law in a state. Lawyers are also known as attorneys or an attorney at law. Some lawyers are licensed in multiple states. Some lawyers are admitted to practice at the Federal level as well.
It is important in divorce cases for an individual to have a family lawyer representing them to ensure their rights are protected.
Civil matters include contract disputes between businesses, real estate, and personal transactions. Unlike criminal cases, there is no determination of guilt or innocence. Usually, the parties may only recover monetary damages, including punitive damages in some cases.
Criminal law is the body of laws that pertain to crimes. Crimes are actions or behaviors prohibited by state or federal laws. Crimes are punishable by fines, probation, and/or imprisonment. Usually, crimes are categorized as misdemeanors or felonies.