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Sam
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Experience:  20 years of experience practicing law.
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My son, age 20, was placed on a 72 hold mental health hold.

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My son, age 20, was placed on a 72 hold mental health hold. I want him released, what are my rights? How can I have this removed? -Joyce
Submitted: 11 months ago.
Category: Legal
Expert:  Sam replied 11 months ago.
Hello

Welcome and thank you for your question

I am an attorney with more than 25 years of experience and I look forward to providing you true and correct information in this regard.

Please remember, I can only answer what you ask and so if you have follow up questions, please post them here for full and accurate information before rating. If there are no other questions in this regard then I thank you in advance for your positive rating

I am sorry to hear about this matter for your son.

Please tell me how was the hold placed and when?
Customer: replied 11 months ago.

We voluntarily went to an appointment, for what we knew to be an evaluation of him, for the purpose of recommending a level of care that would be best for him. He is suffering grief and loss as a result of his girlfriend commiting suicide. We the person who interviewed him returned to the waiting room to talk to me, she said she recommended inpatient treatment for him. She said she was going to talk to another dr. about his opinion. When she came back she told me he had been placed on 72 hour hold. I asked her if he agreed to that and she said, "No, he doesn't have to, we can do that if we feel he is a danger to himself or others." I couldn't see him until visiting hours. He is FURIOUS. It isn't helping him at all. It's making things so much worse. All he can think about is being trapped. I really need help getting him out as soon as possible. The doctors have the power to continue the hold past 72 hours if they see fit. Please help!

Expert:  Sam replied 11 months ago.
Hello

And thank you for that information. I am sorry that your son is grieving from such a loss

The good news is he will more than likely be released at the 72 hour period. And many times, they are released before that.

Whenever a person is involuntarily admitted to a seventy-two-hour treatment and evaluation facility, he or she shall be advised by the facility director or his or her duly appointed representative of his or her right to retain and consult with any attorney at any time and that, if he or she cannot afford to pay an attorney, upon proof of indigency, one will be appointed by the court without cost.

So, if you want, you can tell them that you want him to have a public defender present and then they have to make that happen.

But when someone is taken into an ER for these matters, if the hospital should not hold them for the 72 hours, then they are at risk for any liability that might occur should the patient be released. That is really the bottomline.

I suggest you can tell them you want a copy of the court order as required under CO statute 27-65-106 and also that your son wants a court appointed attorney.
Sam, Attorney at Law
Category: Legal
Satisfied Customers: 21263
Experience: 20 years of experience practicing law.
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