Summary. What to do, in order, from the first phone call through the months after discharge.
Before anything else: the two sentences that matter
If you are the family member, the sentence is: "I am calling to provide collateral information." You will be told, correctly, that the hospital cannot tell you anything. That is a rule about what flows out. Nothing stops information from flowing in. Say those words and then give them facts.
If you are the patient, the sentence is: "Am I here voluntarily or involuntarily, and I would like that in writing." The answer determines your discharge rights, your hearing rights, and — years later, in most states — whether you may possess a firearm. It is astonishing how often nobody says it out loud.
Everything else in this guide is elaboration.
Part one: the crisis
Who to call, and what shows up
988 — the Suicide and Crisis Lifeline. Call or text. Trained counselors, available around the clock, and in most of the country they can dispatch or coordinate with local mobile crisis services. This is the default first call for a crisis that is not a medical emergency. It does not automatically involve police.
Local mobile crisis team. Most counties have one. Clinicians and often peer specialists who come to the home, assess, de-escalate, and connect to services. They can initiate an evaluation but frequently resolve situations without one. Look up the number now, before you need it, and put it in your phone. The number is usually on the county behavioral health website; if you cannot find it, 988 can route you.
911. Appropriate when there is an immediate danger — a weapon, a serious injury, an overdose. When you call, say explicitly: "This is a mental health crisis. Please send a crisis intervention trained officer if one is available." Many departments have CIT-trained officers and co-responder programs pairing an officer with a clinician. Asking increases the chance you get one.
Emergency department. Slow, expensive, and often the only door open at 3 a.m. Expect long waits — psychiatric boarding in emergency departments is a nationwide problem and waits of many hours to several days for a bed are common.
Crisis stabilization unit or crisis receiving center. Where these exist, they are usually the best option: short-term, clinically staffed, less restrictive than a hospital, and designed for exactly this. Ask 988 or the mobile crisis team whether your area has one.
The person's own treatment team. If they have a psychiatrist, therapist, or case manager, call. A clinician who knows the person can often intervene faster and less traumatically than anyone who does not.
What to say when someone arrives
Crisis evaluations are made on what the evaluator can observe plus what they are told. The person in crisis will often present better than they have been. Your job is to supply the gap.
Give facts with dates, not conclusions.
Not useful: "He's really not doing well. He's not himself. I'm scared."
Useful: "He last slept, as far as I know, on Tuesday the 3rd — four nights ago. He has lost about thirty pounds since June; he was 180 and he's 148. On the 28th he told me the upstairs neighbor is transmitting through the wiring, and he cut the power to his own apartment on the 30th to stop it. The eviction notice on the counter is dated the 1st. He has not eaten anything I have seen since Sunday. He has a diagnosis of schizoaffective disorder and stopped his risperidone about eight weeks ago; his prescriber is Dr. Vasquez at County Behavioral, and his last appointment was in May."
The second version is what changes an outcome. Write it down before you call. Do not try to assemble it while a crisis team is standing in your kitchen.
Cover these categories:
- Sleep, food, weight, hygiene — the observable basics
- Specific statements, quoted, with dates
- Specific behaviors, with dates
- Any threat or act toward self or others, with exact words
- Diagnosis, medications, adherence, prescriber, last appointment
- Prior hospitalizations and what happened
- Substances
- Access to weapons, and to means
- Housing, income, and what is about to be lost
- Who is willing to help, and what they can actually provide
That last line matters more than families realize. Under O'Connor v. Donaldson, 422 U.S. 563 (1975), the availability of willing help cuts against commitment — a person who can survive safely with family support is not committable on grave disability grounds. If you want a hold, do not overstate your capacity to manage at home. If you want to avoid one, do not understate it. Either way, be accurate.
If they are not held
This is the hardest moment for families, and it happens constantly. Options that remain:
- Petition for evaluation. Most states permit a family member, or anyone with knowledge, to file a petition with a court or a designated county screener. Ask the crisis team or the county behavioral health office how. This is slower than an emergency hold and sometimes it is the route that works.
- Assisted outpatient treatment. If the person has a history of repeated hospitalization or arrest following treatment discontinuation, ask specifically about AOT eligibility and who files.
- Keep documenting. Same categories, same discipline, dated. When the next crisis comes, the record is what turns an ambiguous encounter into a hold.
- Reduce means. Secure firearms elsewhere, lock or remove excess medication, remove car keys if driving is unsafe. This is not a legal step; it is the one that most reliably prevents deaths.
- Take care of yourself. NAMI's family support groups exist for this and are free.
Part two: the hold
What an emergency hold is
A short involuntary detention on the certification of a designated professional — physician, psychologist, psychiatric nurse practitioner, county examiner, sometimes an officer. Typically 48 to 96 hours, and typically excluding weekends and holidays. A "72-hour hold" starting Friday evening frequently runs into Wednesday.
It is not a commitment. No judge has ruled on anything. It is the pre-hearing phase.
What to do in the first hours — patient
- Ask your status. Voluntary or involuntary. In writing.
- Ask for a phone call. You are generally entitled to one. Use it on whatever is time-sensitive — an employer, childcare, a pet, a medication someone else needs.
- Ask for the patient rights handout. Every facility must provide one. It has the hearing timeline and the patient advocate's contact.
- Ask for the patient advocate or ombudsman. Most facilities have one. This is a free, internal advocate whose entire job is your rights.
- Ask when your hearing is and whether you have a lawyer. Write down the answer.
- Say who may receive information about you — and sign the release. Otherwise your family is calling into a wall.
- Be careful what you sign. If you are asked to convert to voluntary status, understand what you are giving up: in most states, converting means no hearing. Sometimes that is the right choice; ask the advocate first.
What to do in the first hours — family
- Call the unit and give collateral information. Say the words.
- Ask what you can bring. Glasses, hearing aids, dentures, a CPAP, medication lists, an insurance card, a phone charger if permitted. A person evaluated without their glasses and hearing aids presents very differently from the same person with them, and this is not a small point.
- Ask to speak with the social worker, who is usually more reachable than the psychiatrist and is the person who builds the discharge plan.
- Ask when the hearing is and whether counsel has been appointed.
- Handle the outside world. Employer, rent, pets, children, car, medications for others in the household.
- Do not assume you will be told anything. Ask the patient to sign a release naming you.
Voluntary and involuntary are not the same thing
The distinction has consequences well past discharge.
A voluntary patient can generally request discharge, though most states permit the facility to hold them briefly — commonly 24 to 72 hours — while it decides whether to file a commitment petition. Request discharge in writing and keep a copy; the clock usually starts on the written request.
An involuntary commitment triggers the federal firearms prohibition under 18 U.S.C. § 922 for a person "committed to a mental institution." Voluntary admission generally does not.
And "voluntary" has to be real. In Zinermon v. Burch, 494 U.S. 113 (1990), the Supreme Court allowed a civil rights claim to proceed where a hospital admitted as "voluntary" a man too impaired to understand what he was signing. A signature obtained from someone who cannot understand it is not consent.
Part three: the hearing
The timeline
Typically: emergency hold → probable cause or detention hearing within a few days → petition for extended commitment → commitment hearing → order for a fixed term → renewal requires a new petition and a new hearing.
You will have very little time. Work accordingly.
Getting a lawyer
In most states counsel is appointed automatically for a commitment proceeding. Confirm it happened. Get the name and number. If nothing has been appointed, ask the patient advocate, ask the unit social worker, and call the court clerk.
When you reach the lawyer, do not spend the call describing the illness. Spend it on the three things that decide the case:
- What is factually wrong in the petition. Dates, quotes, events that did not happen the way they are written.
- What the alternative is. Where the person will live, who will be there, which provider, which appointment, what medication, how they get there.
- What the person actually wants — and what they will agree to.
What the state has to prove
Clear and convincing evidence, under Addington v. Texas, 441 U.S. 418 (1979), that the person has a mental illness and meets the state's substantive standard — danger to self, danger to others, grave disability, or (in some states) a deterioration standard.
Mental illness alone is never enough. Neither is the state's belief that the person would be better off inside.
The two arguments that work
One: the least restrictive alternative. Nearly every statute requires the court to order the least restrictive setting adequate to the person's needs. Nobody can order an alternative that has not been presented. A concrete alternative — a named residence, a named provider, a scheduled appointment, a named person who will be there — is the single most effective thing anyone can bring into that room.
Two: the facts in the petition are wrong. Petitions are written quickly from incomplete records. Dates are wrong. Statements are secondhand. Prior history is misremembered. If the family knows the person was not, in fact, refusing all food, or that the "threat" was a sentence said in a different context, that is testimony.
Arguing that a person with an obvious psychiatric illness is not ill rarely works and burns credibility. Arguing that the specific statutory finding is unsupported, and that a workable alternative exists, works far more often.
The independent evaluation
Most states give the person a right to an independent evaluation, frequently at public expense. It is routinely available and routinely unrequested. Ask the lawyer. It takes time to arrange, so ask early.
Presence, and testimony
The person has a right to attend. Some states permit exclusion for clinical reasons; that should be resisted, because a judge who never sees the person decides on paper.
Whether the person should testify is a judgment call. A person who can speak calmly about where they will live and what they will do helps enormously. A person who will use the moment to explain the conspiracy will not. Ask the lawyer.
Part four: medication
A commitment order does not authorize medication over objection. These are separate legal questions, and conflating them is the most common misunderstanding in the field.
Under Washington v. Harper, 494 U.S. 210 (1990), there is a significant liberty interest in avoiding unwanted antipsychotic medication — but due process is satisfied by review before independent medical decisionmakers, not necessarily a judge. Most states implement some version: notice, an independent reviewer, an opportunity to be heard, an advisor, periodic review. A minority require a court order, which is more protective.
Emergencies are different everywhere: immediate danger permits immediate medication, with documentation and time limits.
If you object: say so clearly, ask what process applies, ask for the hearing, ask for an advisor or advocate, and ask what the specific alternatives are — a different drug, a lower dose, an oral rather than injectable formulation. Objecting to this medication is a different and often more winnable position than objecting to all treatment.
On the criminal side, medication solely to restore trial competency runs through Sell v. United States, 539 U.S. 166 (2003), which requires important governmental interests, that medication significantly further them, necessity, and medical appropriateness. Riggins v. Nevada, 504 U.S. 127 (1992), addresses medication's effect on trial fairness.
Part five: discharge
The plan is the decision
Judges and treatment teams do not release people into a void. The discharge plan is what gets granted. A vague plan is a denied plan.
A plan that works names:
- Where. A specific address. Family home with a willing family member, supportive housing, a residential program with a bed date, a shelter with a reserved slot.
- Who. A named person at that address who has agreed, and who understands what they are agreeing to.
- Clinical follow-up. A named provider, a scheduled appointment, on a date, with a confirmation.
- Medication. What, how much, filled where, paid how, and who ensures it happens. A prescription the person cannot afford or reach is not a plan.
- Transportation. Concretely. How does this person get to that appointment on that date.
- Money. Benefits status, application filed or pending, representative payee if needed.
- Crisis contacts. Written down, on paper, in a pocket.
If you are the family member, build this before the hearing. Call the residential program. Make the appointment. Get the confirmation. Bring the paper.
Conditional release
Where full discharge is not going to happen, ask about conditional release — discharge subject to court-ordered conditions and supervision. In long-term and forensic cases, this is what courts actually grant. A motion asking for the thing a court is willing to give beats a motion asking for the thing it is not.
The first thirty days
The month after discharge carries elevated risk of readmission, self-harm, and disengagement. The interventions that help are unglamorous:
- The first outpatient appointment within seven days, not thirty
- Enough medication in hand to cover the gap until the appointment
- Insurance active — check it, because coverage lapses during hospitalization are routine
- Benefits applications filed
- A written crisis plan naming the 988 line, the mobile crisis number, the provider, and two personal contacts
- Someone checking in, in person, more than once
Part six: paperwork that changes everything
Do this when the person is well. It takes an afternoon and it alters every future crisis.
Psychiatric advance directive. Recognized by statute in most states. States, in advance: which treatments and medications the person accepts and refuses (with reasons — "haloperidol gave me akathisia so severe I could not sit down"), which hospital, who to notify, who decides, and what helps in a crisis. Enforceability varies and clinicians can override in emergencies in many states, but it reframes the conversation and it tells a treating team things they would otherwise learn by trial and error.
Health care power of attorney. Names an agent to make health decisions when the person cannot. Solves the "nobody can make a decision" problem.
Release of information. Names who may receive information. Solves the "the hospital won't tell me anything" problem. Sign several, name several people, and give copies to each.
HIPAA authorization for records. So the family or the next provider can obtain the chart.
Crisis plan card. Wallet-sized. Diagnosis, medications and doses, allergies, prescriber, pharmacy, emergency contacts, what helps, what makes things worse. Carried in a pocket. This document has changed more emergency department encounters than any legal instrument on this list.
Financial arrangements. Automatic bill payment, a joint account for rent, a representative payee for benefits — enough that a three-week hospitalization does not become an eviction.
Part seven: afterward
Insurance
Denials of inpatient and residential mental health treatment are common and frequently reversed. Federal parity requirements mean plan limits on mental health benefits generally may not be more restrictive than those on medical and surgical benefits — including non-quantitative limits like prior authorization and network adequacy. Appeal. See appealing a health insurance denial and the health insurance appeal toolkit.
Employment
The Americans with Disabilities Act covers mental health conditions, and reasonable accommodations may include modified schedules, leave, and remote work. Federal medical leave may cover a serious mental health condition for the employee or a family member. A hospitalization is not, by itself, a lawful basis for termination.
Firearms
An involuntary commitment triggers the federal prohibition under 18 U.S.C. § 922. Most states have a relief-from-disabilities procedure — a petition, evidence of stability, sometimes an evaluation. It requires a lawyer familiar with the state's process.
Records
State law governs how commitment records are treated, and some states provide for sealing or expungement. Ask.
Protection and advocacy
Every state and territory has a federally funded Protection and Advocacy agency, authorized for mental illness by 42 U.S.C. § 10801 et seq., with access authority at § 10805. They can enter facilities, obtain records, investigate abuse and neglect, and litigate. Services are free. If someone is being mistreated in an institution, this is the call almost nobody knows to make.
The community-placement argument
If someone is institutionalized when their own treatment professionals think community placement would work, that is an Olmstead issue — 527 U.S. 581 (1999) — under 42 U.S.C. § 12132. Unjustified institutional isolation is discrimination. The P&A agency is the place to raise it.
Part eight: when the person is in jail instead
A large share of mental health crises route through the criminal system rather than the hospital, because the criminal system is the one that always answers the phone. If someone with serious mental illness has been arrested, the work is different and urgent.
The first 72 hours
Tell the jail, in writing, that the person has a mental illness. Ask for the medical or mental health unit. State the diagnosis, the medications with doses, the prescriber, and the pharmacy. Jails routinely take days to obtain medications, and a person who misses five days of an antipsychotic can decompensate badly enough that everything afterward becomes harder.
Ask for a suicide risk screening if there is any history. Say why.
Contact the public defender immediately. Not at arraignment — immediately. Say: this client has [diagnosis], is prescribed [medications], has been hospitalized [when], and I can provide records. Ask whether the office has a social worker or mitigation specialist.
Ask about diversion. Many jurisdictions have mental health courts, crisis intervention diversion, or pre-booking diversion programs. Eligibility is often decided early and is easy to miss. Ask at the first opportunity — the question is "is there a mental health court or diversion program here, and who decides eligibility?"
Competency
If the person cannot understand the proceedings or assist counsel, the lawyer can raise competency. The standard traces to Dusky v. United States, 362 U.S. 402 (1960), and in federal court the procedure is 18 U.S.C. § 4241.
Raising competency is not automatically good for the client. It stops the case. In many states the wait for a restoration bed runs months, and the person waits in jail — often without adequate treatment — for a bed whose purpose is to make them well enough to be tried for an offense that might carry less time than the wait. For a misdemeanor, the wait can exceed any possible sentence.
The counterweight is Jackson v. Indiana, 406 U.S. 715 (1972): a person committed solely for incompetency cannot be held longer than a reasonable period to determine whether competence is likely to be restored. If restoration is not substantially probable, the state must pursue civil commitment or release. Lawyers use Jackson to force the question when a client has been warehoused.
Ask the lawyer directly: what is the restoration wait here, what is the maximum exposure on this charge, and is dismissal or diversion available instead?
If a person is transferred from jail to a hospital
Vitek v. Jones, 445 U.S. 480 (1980), requires notice, a hearing before an independent decisionmaker, written findings, and qualified assistance before an involuntary transfer of a prisoner to a mental hospital.
Treatment in custody
Deliberate indifference to serious medical needs violates the Eighth Amendment under Estelle v. Gamble, 429 U.S. 97 (1976), and serious mental illness is a serious medical need. If someone is being denied medication or care in custody, document it — dates, requests submitted, responses — and call the Protection and Advocacy agency and the public defender.
Part nine: two families, two outcomes
The Okonjo family
Adaeze Okonjo's brother Chidi has bipolar disorder with psychotic features. She has been through four hospitalizations with him over nine years, and by the fourth she had learned the system.
Before the crisis, during a stable stretch, they sat down and did the paperwork. Chidi executed a psychiatric advance directive that said, in his own words, that olanzapine works for him and that haloperidol produced side effects he found intolerable; that he wants his sister called; that he does not want his employer contacted; and that in a crisis, being allowed to walk outside with a staff member helps him more than anything else does. He signed a health care power of attorney naming Adaeze, and three separate releases of information — one for each hospital in the county.
He also made a wallet card. Diagnosis, medications, doses, prescriber, pharmacy, two contacts, and one line at the bottom: "I may seem agitated. I am not dangerous. Please call my sister."
When the fourth episode came, the mobile crisis team read the card in the first two minutes. The intake nurse had the release on file within an hour. Adaeze called the unit, said the words about collateral information, and gave the social worker a page of dated observations she had been keeping for three weeks. She had already called the outpatient program and secured an appointment for the following Thursday, and she brought the confirmation to the hearing.
Chidi was committed for fourteen days and discharged on day nine to a plan that already existed. He kept his apartment and his job.
The Marchetti family
Gianna Marchetti's father Paolo developed a psychotic depression at sixty-eight. There was no paperwork, because who does paperwork for a thing that has never happened.
He was held on a Friday. Nobody could tell Gianna anything, because there was no release and he was too impaired to sign one meaningfully. The hearing was Tuesday. She learned about it Monday night, from a voicemail. She arrived with nothing but distress and a conviction that her father did not belong there.
The hearing lasted eleven minutes. The state's psychiatrist testified. The appointed lawyer, who had met Paolo that morning, asked three questions. The court found grave disability by clear and convincing evidence and committed him for thirty days. There was no alternative before the court because no one had built one.
Paolo's rent went unpaid for two months because nobody had access to his accounts. He lost the apartment. When he was discharged — improved, medicated, and stable — there was nowhere for him to go, and the thing that had begun as a treatable depressive episode became a housing crisis that took a year to resolve.
The difference between these two families was not luck, money, or the severity of the illness. It was an afternoon of paperwork, a habit of writing things down with dates, and one person who knew to call the outpatient program before the hearing rather than after.
Part ten: a working calendar
Right now, before any crisis
- Save 988 and the county mobile crisis number in your phone
- Find out whether your county has a crisis stabilization unit
- Do the paperwork: advance directive, health care proxy, releases, wallet card
- Set up automatic bill payment for rent and utilities
- Secure firearms and excess medication
Day of the crisis
- Write the dated facts before you call
- Call 988 or mobile crisis; use 911 only for immediate physical danger
- Ask for a CIT officer if police are coming
- Bring glasses, hearing aids, medication list, insurance card
Day 1–2 of a hold
- Confirm voluntary or involuntary status, in writing
- Request the patient rights handout and the patient advocate
- Sign releases; give copies out
- Confirm the hearing date and whether counsel is appointed
- Handle rent, employer, pets, children, car
Day 2–4, before the hearing
- Reach the lawyer; give facts, alternatives, and the person's wishes
- Ask about an independent evaluation
- Build the alternative: call the residence, make the appointment, get confirmation in writing
- Correct factual errors in the petition
- Decide whether the person should testify
During the commitment
- Ask for a treatment team meeting
- Raise medication objections through the correct process
- Push the social worker on discharge planning from day one, not day nine
- Verify insurance is still active
Discharge week
- First outpatient appointment within seven days
- Medication in hand, affordable, and reachable
- Written crisis plan in a pocket
- Benefits applications filed
- Someone checking in, in person
Month two and after
- Appeal any insurance denial
- Address employment: accommodation or leave paperwork
- Ask about firearm rights restoration if applicable
- Ask about record sealing
- Redo the advance directive with what you learned
Part eleven: ten things people wish they had known
- The hospital cannot tell you anything, but you can always tell them things. Say "collateral information."
- A signed release, obtained early, solves most of the communication problem. Sign several.
- The hold clock usually excludes weekends and holidays. Ask for the actual expiration date and time.
- A commitment order does not authorize medication. That is a separate process with its own hearing.
- The independent evaluation is usually available and almost never requested. Ask.
- Judges release people into plans, not into hope. A named address, a named person, a scheduled appointment.
- Glasses and hearing aids change evaluations. So does a full night of sleep. So does a family member in the room.
- Converting to voluntary status usually waives the hearing. Understand the trade before signing.
- The Protection and Advocacy agency is free and has authority you do not. Every state has one.
- The paperwork you do while well is the highest-leverage hour available. Nobody does it. Do it.
Part twelve: when the person is a young adult
The eighteenth birthday changes the legal picture more abruptly than the clinical one. A parent who has managed a child's care for a decade wakes up one morning with no legal standing at all — no access to records, no authority to consent, no right to be told whether their child is even in the building.
This is the single most common source of anguished calls to mental health legal aid lines, and it has partial answers.
Get the paperwork done before the birthday, or right after. A health care power of attorney and a broad release of information, signed by an eighteen-year-old who is well, preserve the parent's role without taking anything from the young adult. Frame it that way: this does not give me control, it gives me the ability to help.
Understand that a young adult can revoke. They can, and sometimes they will, and that is their right. A revoked release is not a failure of the strategy; it is the strategy working as designed.
Know that "I want my parents involved" can be said at intake. Even without paperwork, a patient can tell the treatment team, at any moment, that they want a particular person included. Ask them to say it.
Campus complications. A student's education records are protected by federal law, and health center records are typically handled separately. Many institutions permit a student to designate a parent for emergency notification. That designation is worth making at orientation.
Leaves of absence. A medical leave from college has consequences for tuition refunds, financial aid, housing, insurance coverage, and re-enrollment conditions. Get the leave policy in writing before agreeing to anything, and ask specifically what documentation is required to return. Some return conditions are onerous enough to be worth negotiating in advance.
Part thirteen: when the person is older
Late-onset psychiatric symptoms in an older adult are a different problem, and the most important thing to know is that the psychiatric explanation is frequently the wrong one.
Acute confusion, agitation, paranoia, and hallucination in someone over sixty-five are commonly caused by delirium — from a urinary tract infection, dehydration, a new medication, a drug interaction, uncontrolled pain, a thyroid problem, a small stroke, or alcohol withdrawal. Delirium is medical, often reversible, and frequently missed when someone lands on a psychiatric unit because they were agitated in an emergency department.
Ask directly: has delirium been ruled out? Ask what the workup showed. A person whose confusion began over three days, fluctuates through the day, and is worse at night is describing delirium, not a new psychiatric illness at seventy-four.
Capacity in older adults is decision-specific. A person with early dementia may lack capacity to manage investments and retain capacity to decide where to live and whether to accept a procedure. Global determinations are almost always overbroad, and a guardianship petition framed globally deserves scrutiny.
Guardianship is not the only tool. Supported decision-making agreements, limited guardianship, representative payee arrangements, powers of attorney, and trusts each solve part of the problem without removing legal personhood. The full range is set out in elder law and long-term care and the elder law toolkit.
Watch the discharge. An older adult discharged from a psychiatric unit to a facility rather than home may be entering long-term care by default. That has enormous financial and legal consequences, and it happens by momentum rather than decision. Ask what the discharge destination is and what alternatives were considered before it becomes final.
Part fourteen: paying for it
The bills arrive about six weeks later and they are frequently wrong.
Verify coverage was active. Coverage lapses during a hospitalization are common — a job lost, a premium missed, a Medicaid redetermination unanswered while the person was inpatient. Retroactive reinstatement is often available and is worth pursuing before paying anything.
Check whether the stay was billed as inpatient or observation. The distinction changes what is covered, sometimes dramatically, and misclassification is common.
Appeal denials of continued stay. A "no longer medically necessary" determination on day four of an admission is an insurer's judgment, not a fact, and it is appealable — often on an expedited basis while the person is still hospitalized. Ask the hospital's utilization review staff to support the appeal; they usually will, because they want the stay paid too.
Ask about financial assistance. Nonprofit hospitals are required to maintain written financial assistance policies. Ask for the policy by name and apply. Application deadlines run from the date of billing, not from discharge.
Do not ignore the bills. Medical debt has its own rules, and the worst outcome — a judgment and a wage garnishment — arrives quietly through a lawsuit nobody answered.
Frequently asked questions
Can I make my adult child get treatment? Not directly, and not by wanting it. You can provide collateral information, petition for evaluation where your state allows, pursue AOT if there is a qualifying history, and build the conditions that make treatment possible. That is the honest answer.
Why won't the hospital tell me anything? Because federal and state confidentiality law forbids it without authorization. Give information anyway, and get a release signed.
How long will they be there? Emergency hold: days. Commitment: a fixed statutory term, commonly 14 to 180 days, though most people are discharged well before the term expires because the standard must continue to be met.
Does the person need a lawyer? Yes, and in most states one is appointed. Confirm it.
Can they be forced to take medication? Not automatically. It is a separate process. See Part four.
What if I disagree with the hospital? Ask for the treatment team meeting. Ask for a second opinion. Call the patient advocate. Call the P&A agency. Put your concerns in writing and ask that they be placed in the chart.
What if they refuse to leave the hospital when they should? Voluntary patients may request discharge in writing; the facility usually has a short window to decide whether to petition.
Is this on their record? Civil commitment is not a criminal conviction. It may appear in the firearms background check system and in some state registries. Ask about sealing.
Related documents
- Mental Health Law: Civil Commitment, Capacity, and the Right to Treatment
- Civil Commitment and Mental Health Rights Checklist
- Mental Health Advocacy Toolkit
- Appealing a Health Insurance Denial
- Elder Law Toolkit
- Applying for and Appealing Social Security Disability Benefits
- Criminal Defense Intake and First Appearance Checklist
Educational only, not legal advice. Commitment procedures, medication rules, and patient rights vary substantially by state. In an emergency, call 988 or 911.
