A ward has been suffering from a mental health issue and needs to be hospitalized. The hospitalization would allow for the individual to receive treatment that’s absolutely necessary. In some acute situations, where the individual is a threat to others or his or herself, you will want to have the Petition for Mental Health Treatment form ready to file with the probate court, so that they can place the hospitalization order.
The Petition for Mental Health Treatment is a State Court Administrative Office form. If you need a copy of this form or other probate court forms, please reach out to us. We will be glad to help you and provide you with any necessary probate forms.
Most of these State Court Administrative Office forms are associated with Michigan Court Rules and statutes. This is no different. The Petition for Mental Health Treatment is associated with MCL 330.1100a(29), which states:
(29) “Emergency situation” means a situation in which an individual is experiencing a serious mental illness or a developmental disability, or a minor is experiencing a serious emotional disturbance, and 1 of the following applies:
(a) The individual can reasonably be expected within the near future to physically injure himself, herself, or another individual, either intentionally or unintentionally.
(b) The individual is unable to provide himself or herself food, clothing, or shelter or to attend to basic physical activities such as eating, toileting, bathing, grooming, dressing, or ambulating, and this inability may lead in the near future to harm to the individual or to another individual.
(c) The individual has mental illness that has impaired his or her judgment so that the individual is unable to understand his or her need for treatment and presents a risk of harm.
In addition to this statute, the Petition for Mental Health Treatment is pursuant to MCL 330.1401, MCL 330.1423, MCL 330.1427, MCL 330.1434, MCL 330.1438, MCL 330.2050 and MCR 5.125(C)(18). To help you understand this form better, Darren Findling of The Probate Pro covers everything you’ll need to know in this video.
Like Darren, we’re ready to help you understand all things related to probate. So, if you have any probate related questions, don’t hesitate to give The Probate Pro a call today at (833) PROBATE. Our legal family is ready to help you.