Civil Commitment for Treatment of Psychiatric Disability

A person may file a petition for an order to commit an individual with psychiatric disabilities who is at serious risk of hurting themselves or others or who is gravely disabled to a hospital for treatment of psychiatric disability without his or her consent. A gravely disabled person is someone who could be seriously hurt by the inability to address basic human needs such as food, clothing, shelter, safety, and medical treatment. The court appoints an attorney for the person alleged to have psychiatric disabilities, appoints two doctors to examine him or her, and holds a hearing within 10 days of receipt of the petition.

Sometimes, a commitment is authorized without a prior hearing. The Probate Courts, police, and some medical personnel may order someone to be examined in a hospital. The doctor may determine that the person meets the commitment requirements and needs immediate care. The person may be hospitalized on an emergency basis for 15 days and possibly longer if proceedings are begun in the Probate Court.

An involuntary commitment lasts until the psychiatric disability is properly treated and the patient is discharged.
 

Substance Use Disorder Commitments 

A relative, conservator, or other concerned person may petition the Probate Court to require a person with a substance use disorder to get treatment. The court will hold a hearing and listen to the evidence about the person's condition, including testimony from the person and health professionals. The judge will determine if the person should be involuntarily placed in an inpatient treatment center based on the evidence presented. 
 

Involuntary Medication and Treatment

Involuntary medication and treatment is permitted when a person is hospitalized for psychiatric disability. A facility for the treatment of psychiatric disabilities may petition the Probate Court for permission to medicate a patient who is incapable of giving informed consent or is capable of giving informed consent but refuses the medication. 

When a patient is incapable of giving informed consent, the Probate Court may appoint a conservator to decide the matter for the patient.

When a patient is capable of giving informed consent and refuses medication, the court may order its administration if there is no less intrusive treatment and if, without the medication, the psychiatric disability would place the patient or others in direct threat of harm.

Hospitals may also seek permission to perform electroconvulsive therapy or ECT on a patient. A judge will hear testimony from the patient and health professionals and determine if treatment should be administered.