What is the legal standard for involuntary commitment?

Involuntary commitment is a legal process in which an individual is hospitalized against their will, usually for mental health reasons. In New York, involuntary commitment is guided by Article 9 of the Mental Hygiene Law, which sets the legal standard for involuntary commitment. To be involuntarily committed, the person must meet the criteria of being a “danger to self or others.” This means that the individual must have either made specific or general threats of harm, or demonstrated behavior that is likely to cause physical injury. Additionally, the person must also be unable to understand the need for treatment, or unable to make rational decisions about their own care. This means they must be unable to comprehend the harmfulness of their mental condition or unable to determine what treatment they need. Involuntary commitment is a serious matter that must be done in accordance with the law. Strict legal standards must be met, which requires both mental health professionals and legal professionals to be involved. Involuntary commitment is not a decision taken lightly, as it means the individual will be deprived of their autonomy and freedom. Ultimately, the decision to involuntarily commit an individual must be made based on the individual’s needs and wellbeing.

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