How to Commit Someone Without a Power of Attorney
When a family member or loved one is exhibiting signs of mental instability that suggest they may need to be committed to an institution, there are laws that actually protect him or her from being committed against his or her will. In extreme cases, there are steps you can take to have a person evaluated, even if you don't have Power of Attorney, to determine whether that person needs to be institutionalized for extended treatment.
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Instructions
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Monitor the person closely for signals that she may take drastic actions that could result in an emergency situation. For example, if she has made threats of suicide or mentioned she might cause harm to another person, you may be able to convince authorities that she is a potential threat to herself or others.
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Contact authorities immediately if the person is exhibiting signs that he may harm himself or another. This could include violent outbursts and destruction of property. Once the authorities evaluate the situation and determine its severity, they can turn the person over to a medical facility for further evaluation. In most states, the hospital can only hold a person in custody for 24 to 72 hours.
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Have the patient evaluated by a psychiatrist after she has been turned over to authorities and temporarily committed to determine her mental stability.
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Talk to the psychiatrist about your history with the patient, sharing other instances and experiences that may help him evaluate the situation. Note that your word may not hold much influence over the situation, but it could be helpful, especially if you have witnessed outbursts or events that may provide further evidence of the patient's inability to function in the outside world.
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Attend the hearing in which the psychiatrist's findings will be presented to a judge. If the psychiatrist determines that the patient is mentally incapable of taking care of himself outside of the hospital, she may request further hospitalization. Many states will only grant an extra fourteen days if the evidence suggests further treatment is necessary. If improvements are not seen at the end of that time, another courtroom appeal must be made to extend hospitalization.
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Tips & Warnings
In extreme cases of mental illness, when the patient is determined to be incapable of taking care of himself or functioning in society, you may be able to apply for Power of Attorney. You will need to talk to a lawyer in order to start the process, and compile evidence of the patient's mental instability.
Because the law is constantly re-evaluated and changed and may vary from state to state, research the mental health laws in your state so you are well-versed when the time comes to help your loved one.
