A procedure whereby a person is involuntarily placed in the custody of the State Department of Mental Health for treatment.

Clear, unequivocal and convincing evidence that:

• the respondent is mentally ill; and
• because of the mental illness the person poses a real and present threat of substantial harm to himself or to others; and
• respondent will continue to experience mental distress and deterioration of ability to function independently if not treated; and
• respondent is unable to make a rational decision regarding treatment.
• Under Lynch v. Baxley, another element that is required is evidence that a person has actually been dangerous in the recent past and that such danger was manifested by an overt act, attempt or threat to do substantial harm to himself or another.
• treatment is available for the person’s mental illness or confinement is necessary to prevent the person from causing substantial harm to himself or to others; and
• commitment is the least restrictive alternative available.

• For the respondent: yes, if such person lacks the mental ability to secure theservices of an attorney or if such person lacks the funds to employ an attorney.
• For the petitioner: yes, the court must appoint an attorney to advocate the petition to commit. The petitioner may employ an attorney on their own to appear in lieu of the appointed attorney.