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WHAT PROCEDURE IS USED TO INITIATE AN INVOLUNTARY COMMITMENT?

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WHAT PROCEDURE IS USED TO INITIATE AN INVOLUNTARY COMMITMENT?

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Any person may seek to have another person committed by filing a petition with the Probate Court. The petition must contain the following: a. name and address of the petitioner; and b. name and location of defendants spouse, attorney or next of kin; and c. that petitioner has reason to believe defendant is mentally ill; and d. petitioners beliefs are based on specific behavior, acts, attempts or threats which are described in detail; and e. Names and addresses of other people with knowledge of the defendants illness or who observed the persons overt acts and who may be called as his witnesses. MUST THERE BE A HEARING? Yes, a hearing is to be held by probate judge without a jury and it is open to the public unless requested otherwise by the defendant. Commitment is granted only if the elements required are established by clear, unequivocal and convincing evidence. WHAT ARE THE RESULTS OF THE HEARING? If commitment is granted, the order shall be entered for outpatient or inpatient treatm

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