questions & answers

Question: My question is I suffer from depression. Just got married can my mom or family member commit me voluntary and sign papers or does my new husband can only do that. I have gone to rehab when I was younger before for a week I was committed allowed by my insurance. Do I need to have him do a notary paper. My mom always threatens to have me put away and laughs. Like a game or something. Thank you Sandra

Answer: If a person feels that someone needs to be committed to a mental health facility he or she may file an application for an emergency admission for evaluation. Arizona Revised Statute 36-524 states: “[t]he application for emergency admission shall be made by a person with knowledge of the facts requiring emergency admission. The applicant may be a relative or friend of the person, a peace officer, the admitting officer or another responsible person.” The application must contain: “1. A statement by the applicant that he believes on the basis of personal observation that the person is, as a result of a mental disorder, a danger to self or others, and that during the time necessary to complete the prepetition screening procedures set forth in sections 36-520 and 36-521 the person is likely without immediate hospitalization to suffer serious physical harm or serious illness or is likely to inflict serious physical harm upon another person.
2. The specific nature of the danger.
3. A summary of the observations upon which the statement of danger is based.
4. The signature of the applicant.” A.R.S. 36-524
A person could also file a non-emergency application for evaluation. Arizona Revised Statute 36-520 (A) states: “Any responsible individual may apply for a court-ordered evaluation of a person who is alleged to be, as a result of a mental disorder, a danger to self or to others, a person with a persistent or acute disability or a grave disability and who is unwilling or unable to undergo a voluntary evaluation. The application shall be made in the prescribed form and manner as adopted by the deputy director.” The application must state: “The name, and address if known, of the proposed patient for whom evaluation is applied.
2. The age, date of birth, sex, race, marital status, occupation, social security number, present location, dates and places of previous hospitalizations, names and addresses of the guardian, spouse, next of kin and significant other persons and other data that the deputy director may require on the form to whatever extent that this data is known and is applicable to the proposed patient.
3. The name, address and relationship of the person who is applying for the evaluation.
4. A statement that the proposed patient is believed to be, as a result of a mental disorder, a danger to self or to others, a patient with a persistent or acute disability or a grave disability and the facts on which this statement is based.
5. A statement that the applicant believes the proposed patient is in need of supervision, care and treatment and the facts on which this statement is based.” A.R.S. 36-520 (B)
The court will then decide based on doctor recommendations whether the individual should remain committed to a mental health facility.