Walk It Through: A Mental Health Crisis
A pick-up order, the probate court's review, a family deciding about treatment, and a pending charge.
A family member, frightened by threats of self-harm, signs an affidavit, and a doctor certifies the need for emergency admission.
Two things a person in this spot might do. Picking one shows what the law says about it.
One family in one crisis. Voluntary admission, longer judicial commitment, outpatient orders, insurance and a criminal defense of insanity are not worked through here.
A practice walkthrough, not a prediction of how any real one will go. Legal information, not legal advice.
Words this turns on
Terms with a legal meaning that is narrower than the everyday one. Each links to the definition and the authority behind it.
- AffidavitThe sworn statement a search warrant is issued on, establishing its grounds. A person served with a search warrant is given a copy of the warrant along with it.
- Emergency admissionAdmission to a hospital or mental health facility on a sworn affidavit and a physician's certificate that a person with a mental illness is likely to cause serious harm if not immediately hospitalized, reviewed by the probate court for probable cause.
- Law enforcement officerFor the resisting arrest article, any duly appointed or commissioned officer of the state, a county or a municipality.
- Fit to stand trialHaving the capacity to understand the proceedings and to assist in one's own defense. A judge with reason to doubt it orders an examination by two designated examiners.
- AgentThe person a power of attorney authorizes to act for the principal, who acts in good faith, within the authority granted, loyally and in the principal's best interest, and keeps a record of every transaction.
- DurableNot ended by the principal's incapacity. A power of attorney made under the act is durable unless it expressly provides that incapacity ends it.
- GrandparentFor visitation, the natural or adoptive parent of a natural or adoptive parent of a minor child.
- GuardianA person the court appoints, on clear and convincing evidence that someone is incapacitated, to provide continuing care and supervision, with orders only to the extent the incapacity requires.
- Health care power of attorneyA document substantially in the statutory form, signed by the principal and two qualified witnesses, naming an agent eighteen years of age or older to make health care decisions.
- MinorA person under the age of eighteen, which is what every reference to minors in the state's laws means, except in the laws on selling alcoholic beverages.