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Olivia, we had correspondence earlier in the week regarding…

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Olivia, we had correspondence earlier...
Olivia, we had correspondence earlier in the week regarding my wife's being held against her will at a mental health facility. You had mentioned a 72-hour retainer that gave the facility the right to hold her for that long. It's now been 5 days and it's unclear as to when she will be discharged. Do we have recourse now that the 72 hoiurs has elapsed, even though the doctor's instructions are that my wife stay?
Submitted: 4 months ago.Category: Legal
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Answered in 20 minutes by:
3/16/2018
Lawyer: Olivia Kent, Attorney replied 4 months ago
Olivia Kent
Olivia Kent, Attorney
Category: Legal
Satisfied Customers: 4,077
Experience: Partner at Kent Law Group, LLC
Verified

Hello again :) You're well past the 72 hour hold? Have you spoken with a local attorney? You or your wife have the right to ask for an attorney since at this point some suggestion that there is a hearing and/or order permitting her to be detailed she might be able to argue unlawful detainment. According to AZ law, "The person detained shall be informed of his rights as stated in this section and in article 2 of this chapter, including the right to consult an attorney. He shall be advised that if he cannot employ an attorney, the court will appoint one for him. The person shall be advised that if a petition for evaluation is filed, the court will appoint the person an attorney to consult with and, if he cannot employ his own counsel, to represent him."https://www.lawserver.com/law/state/arizona/az-laws/arizona_laws_36-528

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Lawyer: Olivia Kent, Attorney replied 4 months ago

You're entitled to a court hearing to ascertain whether keeping your wife in the facility beyond the 72 hour term is warranted.

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Customer reply replied 4 months ago
OK, I understand. So if our concern is getting her out tonight so that she doesn't have to spend the weekend there, is there any way to go?
Lawyer: Olivia Kent, Attorney replied 4 months ago

You can force the issue and require them – and I use the term “require” loosely – to provide you with a court order that permits them to continue to hold her indefinitely. You could also threaten to sue them for unlawful detainer. They may just let her out if you do that – or they may produce a copy of
the order.

Reminder: Please note that Just Answer provides general educational information and it does not constitute legal advice. You must speak to a local attorney if you need legal advice. Communications with Just Answer attorneys does not create an attorney client relationship.

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