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Zoey, JD
Zoey, JD, Attorney
Category: Legal
Satisfied Customers: 23563
Experience:  Active member of the NYS bar since 1989
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Can my fiancée be held against her will after being admitted

Customer Question

Can my fiancée be held against her will after being admitted to a psychiatric hospital
JA: What state are you in? It matters because laws vary by location.
Customer: Ga
JA: Has anything been filed or reported?
Customer: She had a miscarriage last night we went to the er afterwards they asked some questions and said they thought she might be unstable and forced her to go to a psychiatric hospital for evaluation
JA: Anything else you want the lawyer to know before I connect you?
Customer: No
Submitted: 15 days ago.
Category: Legal
Expert:  Zoey, JD replied 14 days ago.

Hi,

I'm Zoey and I'll be assisting you. I'm reviewing your question now. Please be patient while I research and compose a reply for you.

Expert:  Zoey, JD replied 14 days ago.

Yes, they can commit her for evaluation.

All states have provisions in their law that allow them to involuntarily commit someone when he or she is believed to be a danger to himself or to others and in need of possible treatment. In Georgia that section of the law that defines who gets inpatient treatment says this:

GA. CODE ANN. § 37-3-1(9.1).

"Inpatient" means a person who is mentally ill and:

(A)

(i) Who presents a substantial risk of imminent harm to that person or others, as manifested by either recent overt acts or recent expressed threats of violence which present a probability of physical injury to that person or other persons; or

(ii) Who is so unable to care person's own physical health and safety as to create an imminently life-endangering crisis; and

(B) Who is in need of involuntary inpatient treatment.

You can read more about this law here.

She can only be held up to 5 days, and then if she's not a danger to herself, she should be released by the end of the 5 days, with some plan for outpatient counseling or further treatment. Otherwise, she could be committed for longer. But she'd be entitled to a hearing and a lawyer to fight for her release at that time.

Expert:  Zoey, JD replied 13 days ago.

Just checking in to see if you need more help or any clarification of my answer. If so, please reply here on this question thread.

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