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Probate

To meet the standard to be civilly committed, a person must have psychiatric disabilities and be (1) dangerous to self or others or (2) gravely disabled (i.e., person may suffer serious harm because he or she fails to provide for basic human needs and refuses to accept necessary hospitalization)

The process requires a court order. Anyone can initiate the request by filing an application with the probate court.

The person must be examined by two court-appointed doctors (including one psychiatrist) who must examine the person within 10 days of the hearing.The hearing is required to take place within 10 business days of the application.

A person has the right to be present, have counsel (court-appointed if the person is indigent), present evidence and cross examine witnesses. There must be clear and convincing evidence.  Before the court rules on the application, the person can choose to concert to a voluntary status.

The period of commitment can last through the duration of the psychiatric disability or until discharged or converted to voluntary status.




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