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Topic: Can you force someone into a mental institution?
CatsLoveMe's photo
Sat 10/03/09 01:40 PM
Wanted to know if there is any way to legally get a court order to have someone committed to psych evaluation and/or alcohol in-patient treatment, if you believe they are a threat to themselves/and or others? Do they actually have to break a law for this to happen, or can there be just a percieved threat for this to happen? Wondered if anyone has ever had experience with this or knows someone who has. Thanks.

MirrorMirror's photo
Sat 10/03/09 01:41 PM

Wanted to know if there is any way to legally get a court order to have someone committed to psych evaluation and/or alcohol in-patient treatment, if you believe they are a threat to themselves/and or others? Do they actually have to break a law for this to happen, or can there be just a percieved threat for this to happen? Wondered if anyone has ever had experience with this or knows someone who has. Thanks.
:smile: Yes, you probably need to see a lawyer about doing something like that depending on the laws of your state.:smile:

catseyes1's photo
Sat 10/03/09 01:47 PM


Wanted to know if there is any way to legally get a court order to have someone committed to psych evaluation and/or alcohol in-patient treatment, if you believe they are a threat to themselves/and or others? Do they actually have to break a law for this to happen, or can there be just a percieved threat for this to happen? Wondered if anyone has ever had experience with this or knows someone who has. Thanks.
:smile: Yes, you probably need to see a lawyer about doing something like that depending on the laws of your state.:smile:


Only way to go. See a lawyer on what options you have.

62easygoing's photo
Sat 10/03/09 01:52 PM
yes, most state's require...the power of attorney, to have the signature of two doctor's. Then you can do this, even if the person does not agree.

mineangeleyes's photo
Sat 10/03/09 01:53 PM
Edited by mineangeleyes on Sat 10/03/09 01:55 PM
Did a quick research for you hope this helps!??? I had to research it cause laws are clearly different from one country to another.

State laws clearly and logically define the conditions in which a patient can be held involuntarily for psychiatric treatment. “If the professional person agrees that the person detained is a danger to the person or to others because of a mental disorder and that an emergency situation exists, then the person may be detained and treated until the next regular business day.” "Emergency situation" means a situation in which any person is in imminent danger of death or bodily harm from the activity of a person who appears to be suffering from a mental disorder and appears to require commitment. "Professional person" means:
(a) a medical doctor;
(b) an advanced practice registered nurse, psychiatric mental health nursing
Physician Authority to Unilaterally Issue and Involuntary Hold
“Dangerous to others"
"Dangerous to self"
"Gravely disabled"
Many states require physicians to obtain approval from a court, a police official or other entity before a patient can be involuntarily held for emergency psychiatric evaluation. Some states require the concurrence of more than one physician.

Moondark's photo
Sat 10/03/09 01:57 PM


Wanted to know if there is any way to legally get a court order to have someone committed to psych evaluation and/or alcohol in-patient treatment, if you believe they are a threat to themselves/and or others? Do they actually have to break a law for this to happen, or can there be just a percieved threat for this to happen? Wondered if anyone has ever had experience with this or knows someone who has. Thanks.
:smile: Yes, you probably need to see a lawyer about doing something like that depending on the laws of your state.:smile:


And I think in most places, you have to be related to the person in order to do it.

CatsLoveMe's photo
Sat 10/03/09 02:24 PM
Thanks so far to all who have commented. To expand on this, the person is my ex. This is absolutely not an opinion, this is a fact. I and others I know, including my family have reason to believe she is clinically insane, and dangerously abusive with alcohol. She absolutely will not go get help willingly, even after being asked to by her own family, friends, myself, her ex-husband, and others. Based on her behavior, and consistent verbal threats of suicide in the past, and just overall bizarre, deranged behavior, I think she is a threat to others and herself. She hasn't really gotten caught infracting a law yet. She apparently is the luckiest DUI driver in the world, because she still hasn't been caught after all these years. She's also been hospitalized numerous times for alchol treatment, but they let her out a day or two later, and she goes right back to it. What are these doctors thinking? Why aren't the physicians and nurses signing a reccomendation for mandatory treatment? I really don't understand. I guess I may have to consult an attorney. Until then I hope maybe someone here has experience in dealing with this sort of thing.

Ladylid2012's photo
Sat 10/03/09 02:25 PM
A minor child yes..another adult that you just know..tough to do, need to be related in most cases and their behavior has to be outrageous.

Ladylid2012's photo
Sat 10/03/09 02:25 PM
Edited by Ladylid2012 on Sat 10/03/09 02:26 PM
oops double post...my bad

no photo
Sat 10/03/09 02:27 PM
Yeah, get a lawyer and make that lawyer rich laugh laugh laugh

IndnPrncs's photo
Sat 10/03/09 02:29 PM
They can't "make" her go into rehab unless she's done something that will give her the choice of jail or rehab... If she's acting crazy you can call 911 and see if the police or EMT's will take her to a hospital and have her 5150'd but unless it's really nuts they probably won't. If she checks herself in, they can decide to keep her but unless she's tried to hurt herself or someone else they usually don't... Of course each state is different on the "amount of time" they'll keep someone but in the US 5150 is pretty much the same otherwise... If there are kids involved that changes the story as well... If she's a danger to the kids in any way they will often take the kids away and give the person the ultimatum but it's not 100% either....

CatsLoveMe's photo
Sat 10/03/09 02:31 PM
thanks ladylid, she was a domestic partner and recent former girlfriend of mine. She continues to harass people I know and myself, even after moving out at the end of August. This is more than just your average bad break-up, there is something really wrong with her, and the doctors keep letting her go, and then she's back in to the hospital again for alcohol abuse a month or two later. Except it's more than just chemical abuse, she really does need psych counseling.

Rockmybobbysocks's photo
Sat 10/03/09 03:12 PM
Edited by Rockmybobbysocks on Sat 10/03/09 03:14 PM
you can but if it is for alcoholism it will do nothing if they are released. unless you are attempting to make them a ward of the court in which the government commits them.

you need to see a lawyer but they will not do it on alcoholism alone. there needs to be some type of psychological imbalance that is detrimental to whose around them.


EDIT!!

PROVEN PSYCHOLOGICAL IMBALANCE

Winx's photo
Sat 10/03/09 03:25 PM
Edited by Winx on Sat 10/03/09 03:26 PM

thanks ladylid, she was a domestic partner and recent former girlfriend of mine. She continues to harass people I know and myself, even after moving out at the end of August. This is more than just your average bad break-up, there is something really wrong with her, and the doctors keep letting her go, and then she's back in to the hospital again for alcohol abuse a month or two later. Except it's more than just chemical abuse, she really does need psych counseling.


She sounds like she is dual diagnosis.

If she's harassing you, you should be able to get a restraining order. That will start a paper trail of proof about her too.

There is an online site that may be able to help you. It's called "NAR-ANON Family Groups".

If she has chemical and alcohol abuse, you didn't cause it, you can't control it, and you can't cure it. The only person that you can change is yourself.

It sounds like you care about her. I wish you the best with this situation.flowerforyou


MsResponsible's photo
Sat 10/03/09 03:40 PM
I'm no attorney, but you might want to go research "The Baker Act"

Winx's photo
Sat 10/03/09 09:36 PM

I'm no attorney, but you might want to go research "The Baker Act"


Hmmm...Florida can hold them for observation up to 72 hours.

looking4lovwitu's photo
Sat 10/03/09 11:08 PM
If the person is a threat to herself or to others then I would do the right thing and call your local police and have them go talk to that person. Things like that are very serious and you would be doing the right thing. If I were you and I thought this I wouldent have wasted the time asking on here I would have already done somthing about it. Good luck and I hope their ok!

no photo
Sat 10/03/09 11:16 PM

Wanted to know if there is any way to legally get a court order to have someone committed to psych evaluation and/or alcohol in-patient treatment, if you believe they are a threat to themselves/and or others? Do they actually have to break a law for this to happen, or can there be just a percieved threat for this to happen? Wondered if anyone has ever had experience with this or knows someone who has. Thanks.


It's very hard these days. They set the standard too high for what constitutes a person who needs to be involuntarily committed. Unless she poses an immediate threat to herself or others, I don't think they will hold her for more than a couple days.

CatsLoveMe's photo
Sun 10/04/09 12:57 AM
Judging by the answers, it would seem the law is rather ambiguous on this issue, not universal, and non-existant in some areas. If someone needs to get help but they don't want it, in most cases they won't get help, unless a crime is committed. This could be achieved if they got a DUI, but if they luck out time after time and never get one, they are slipping through the cracks, and will continue abusing themselves or others they are around. They say the first step to recovery is admitting you have a problem and getting treatment, but not all addicts or alcholics are capable of even taking this first step, I wish there was a way to make them take it for their own good, before they harm someone, themselves, or get arrested.

earthytaurus76's photo
Sun 10/04/09 01:54 AM
Edited by earthytaurus76 on Sun 10/04/09 02:08 AM
I work with addicts, and alaholics.


As someone said, in the state of Florida, there is the Baker Act, which requires an individual to be a danger to themselves or others.


That has a person committed for 72 hours, and an be done by the police if called.


You can call the non-emergency number for your police department, and ask them if this is effective in your state, and go from there.


There are also treatment centers in your area that can be paid for, and may be free, depending on what they offer.


Your best bet for drug and alcahol treatment is to try to get this person to volunteer , but committed, it will not be a choice as far as mental help goes.

You can also call alcaholics anonymous in your area to get information.

Oh, and alcahol treatment requires detox.

Good Luck.

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