Hattiesburg, MS asked in Family Law and Health Care Law for Mississippi

Q: Are there any other options on emergency commitment without going through the chancery court? Need help now

Have exhausted all options and need to committ now rather than wait on court proceedings

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1 Lawyer Answer
Brian Lehman
Brian Lehman

A: I don't see any other options, but consider contacting a local lawyer. Involuntary commitments required an Order of Commitment signed by judge and Patient Information Form.

This law firms says: http://kellumlawfirmpc.com/tag/involuntary-commitment-drug-addition-rehabilitation/

"Under Mississippi Code Ann §41-31-1 et seq, individuals suffering for drug and alcohol abuse may be involuntarily committed to a private facility. The law requires that the person asking the court to do so be either a spouse, parent, next of kin, friend or relative. The Petition for Involuntary Commitment must be filed in the county of the patient’s residence or county in which he or she is found.

The Petition must allege that the patient is an alcoholic or drug addict, a Mississippi resident who is unfit to manage their affairs, OR a danger to themselves or others, OR lost the power of self-control, AND who is in need of care and treatment, AND that treatment will improve the health of the patient.

Upon filing the Petition, a hearing will be set, summons issued and hearing held five to twenty days after filing. The Defendant must served not less than three days before the hearing.

At the commitment hearing, the Chancellor will hear evidence presented by the Petitioner. Such evidence may consist of the testimony of witnesses. The Chancellor may also order an examination of the Defendant.

The Court will consider all of the above factors to determine whether involuntary commitment is appropriate. If Petition is granted, the judge will enter an order for 30-90 days of treatment."

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