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My sister voluntarily checked herself in to a mental health…

My sister voluntarily checked...

My sister voluntarily checked herself in to a mental health facility. She requested to leave and signed the AMA; however, the facility pressured her into rescinding. I was in the room when we were discussing. They said that if she rescinded her request, they would work to get her out and if not they were going to seek out an OCP. So she signed under duress. We are thinking about doing another AMA but need help understanding the OCP process and whether she is allowed legal representation

Lawyer's Assistant: What state is your sister in? It matters because laws vary by location.

Texas

Lawyer's Assistant: What steps has your sister taken so far?

At this time nothing further than an AMA which she rescinded

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

That is all

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Answered in 4 minutes by:
3/17/2018
Law Educator, Esq.
Category: Legal
Satisfied Customers: 126,685
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

The OCP means they need to prove they still believe she is a threat to herself or others. It requires a court order and at the time the patient is entitled to a lawyer to represent them and their interests. You need to have medical testimony to contradict the facility's doctor regarding her need to be committed to the facility.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

Law Educator, Esq.
Category: Legal
Satisfied Customers: 126,685
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Verified
Law Educator, Esq. and 87 other Legal Specialists are ready to help you
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Customer reply replied 4 months ago
What are the guidelines for requesting leave and signing an AMA during the weekend? I know a doctor has to evaluate her within 24 hours but is it only on business days? Is the application for court ordered services take the place of a hearing?
Phone call session started

Please answer the phone, it went to voicemail. Thank you.

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Let me know when you will be available to answer the phone, I have called twice now and that takes time away from other customers.

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Customer reply replied 4 months ago
The first time you called, it rang only once before I could even answer it. And when it rang again, an automated voice gave me the rules and then put me on hold
Customer reply replied 4 months ago
which I am currently on hold right now.

Hang up and I am calling again right now.

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Customer reply replied 4 months ago
ok, waiting for your call

Thank you, ***** ***** a pleasure speaking with you

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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