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Is there a law in Pa?

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Is there a Baker law...
Is there a Baker law in Pa?
Submitted: 8 months ago.Category: Legal
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Answered in 9 minutes by:
11/20/2017
Lawyer: Edward Young,
 replied 8 months ago
Edward Young
Category: Legal
Satisfied Customers: 515
Experience: Principal Attorney at The Law Offices of Edward D. Young, III
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Hi. My name is ***** ***** I am a licensed attorney. I would be happy to provide assistance. Please give me a moment to formulate a response. Also, please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.​

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Lawyer: Edward Young,
 replied 8 months ago

Is your goal guardianship or commitment to an institution?

Guardianship:

When an individual reaches the age of 18, regardless of any functional limitations or disabilities, s/he has the legal right to make decisions on his or her own behalf. Guardianship is one means by which a substitute decision-maker can act on behalf of an adult who lacks the capacity to make some decisions. Only a court, after a legal proceeding, may judge an individual to be incapacitated and appoint a guardian for him or her.

Many people who cannot independently manage their finances seek the help of family or friends for money management. These voluntary relationships can often avoid the need for legal guardians. Additionally, habilitation programs can increase the degree to which people with disabilities can manage their finances, either independently or with the assistance of others. Public benefits, such as Social Security Disability and Supplemental Security Income (SSI), can be managed without a guardian through the appointment of a representative payee. Advance planning by families can usually avoid the need for a guardian to manage gifts, inheritances, or other assets.

Commitment to an institution:

If you are planning to involuntarily commit someone, I recommend hiring a lawyer.

In Pennsylvania, a person must be "severely mentally disabled and in need of immediate treatment" to be committed involuntarily for examination and treatment. A person is deemed to be severely mentally disabled when, as a result of mental illness, his capacity to exercise self-control, judgement and discretion in the conduct of his affairs and social relations or to care for his own personal needs is so lessened that he poses a clear and present danger of harm to others or to himself. Sec. 7301(a).

Clear and present danger to others shall be shown by establishing that within the past 30 days the person has inflicted or attempted to inflict serious bodily harm on another and that there is a reasonable probability that such conduct will be repeated. [If the person has been found either incompetent to be tried, or not guilty due to insanity for the conduct involving infliction of or attempt to inflict substantial bodily harm of another, the 30 day requirement shall not apply so long as an application for examination and treatment is filed within 30 days of such determination.] A clear and present danger of harm to others may be demonstrated by proof that the person has made threats of harm and has committed acts in furtherance of the threat to commit harm. Sec. 7301(b)(1).

Clear and present danger to himself shall be shown by establishing that within the past 30 days:
1. the person has acted in such a manner as to evidence that he would be unable, without care, supervision and the continued assistance of others, to satisfy his need for nourishment, personal or medical care, shelter, or self-protection and safety, and that there is a reasonable probability that death, serious bodily injury or serious physical debilitation would ensue within 30 days unless adequate treatment were provided; or
2. the person has attempted suicide and that there is the reasonable probability of suicide unless adequate treatment is afforded. For the purposes of this subsection, a clear and present danger may be demonstrated by the proof that the person has made threats to commit suicide and has committed acts which are in furtherance of the threat to commit suicide; or
3. the person has substantially mutilated himself or attempted to do so and there is a reasonable probability of mutilation unless adequate treatment is afforded. For purposes of this subsection, a clear and present danger shall be established by proof that the person has made threats to commit mutilation and has committed acts which are in furtherance of the threat to commit mutilation.Sec. 7301(b)(2)

Treatment on a voluntary basis shall be preferred to involuntary treatment; and in every case, the least restrictions consistent with adequate treatment shall be employed. Persons who are mentally retarded, senile, alcoholic or drug dependent shall receive mental health treatment only if they are also diagnosed as mentally ill. Sec. 7102

The act specifically excludes persons who are mentally retarded, senile, alcoholic, or drug dependent unless also diagnosed as mentally ill and these conditions shall not be regarded as mental illnesses.

An emergency examination is to be completed within two hours of a patient’s arrival at a treatment facility. This exam is for a professional determination as to whether the individual is severely mentally disabled and in need of immediate treatment. If the individual is not found to be severely mentally disabled and in need of immediate treatment he shall be discharged.

A person who is in treatment pursuant to this section shall be discharged whenever it is determined that he no longer needs treatment, and in any event within 120 hours, unless within such period:

1. he is admitted to voluntary treatment, or
2. a certification for extended involuntary emergency treatment is filed.
Sec. 7302(b)&(d)

I hope this helps.

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Lawyer: Edward Young,
 replied 7 months ago

Do you have another question for me? If not, please rate me. That is the only way that I get credit for the work that I have done for you.

Thanks

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