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Ask Christopher B, Esq. Your Own Question
Christopher B, Esq.
Christopher B, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 2922
Experience:  associate attorney
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My wife attempted overdose with pills recently and the

Customer Question

My wife attempted overdose with pills recently and the hospital won't release her and says that she will have to stay in the hospital until a bed becomes available at a psychiatric facility then 5 to 10 days more. She has been taking sleeping medication for sometime and I think this has contributed to the cause of her deed. Can a lawyer assist in her release
JA: In what state did this occur?
Customer: Az
JA: Have you talked to a lawyer yet?
Customer: No
JA: Anything else you want the lawyer to know before I connect you?
Customer: No
Submitted: 3 months ago.
Category: Criminal Law
Customer: replied 3 months ago.
How will the lawyer contact me
Customer: replied 3 months ago.
There is a message saying " connecting you with a criminal lawyer"
Expert:  Christopher B, Esq. replied 3 months ago.

My name is ***** ***** I will be helping you today. Thank you for your question and thank you for using justanswer.com. Give me a bit and I will draft you an answer to your question.

Expert:  Christopher B, Esq. replied 3 months ago.

A person eighteen years of age or older may be ordered by the court to comply with mental health treatment. If ordered to treatment, the person may be ordered to inpatient treatment at a hospital. See link for AZ statute" http://law.justia.com/codes/arizona/2011/title36/section36-524/

Since she has been determined that she tried to commit suicide, there is not much you can do. The court will most likely grant an order since the physician has likely determined that she is a harm to herself and can be held as an involuntary commitment. You could file for a writ of habeas corpus which means that she is not being lawfully held but you are very unlikely to prevail on this. In all reality there is not much you can do accept to let her know that cooperating with the mental health care will get her out of detention sooner. I am very familiar with this process and have been involved in it for over 6 years. Once the court orders teh commitment, it will be up to her doctor for when she is released.

Please let me know if you have any further questions and please positively rate my answer if satisfied. There should be smiley faces or numbers from 1-5 to choose from. This extra step will cost you nothing extra and will be greatly appreciated. See link for how to rate: http://ww2.justanswer.com/help/how-do-i-rate-answer-hl

Customer: replied 3 months ago.
A court did not order only a counselor at the hospital
Expert:  Christopher B, Esq. replied 3 months ago.

Yes, the hospital has to initiate the petition and then the court will order the stay. It sounds like this process has been started but you need to confirm that. The statute gives the counselor the power to initiate the process: http://law.justia.com/codes/arizona/2011/title36/section36-520/

"Any responsible individual may apply for a court-ordered evaluation of a person who is alleged to be, as a result of a mental disorder, a danger to self or to others, persistently or acutely disabled, or gravely disabled and who is unwilling or unable to undergo a voluntary evaluation."

Expert:  Christopher B, Esq. replied 3 months ago.

Just checking back in, do you have any further questions?