If a mental health entity petitioned me for some reason, what legal recourse do I have to fight it?

Question

Let's say hypothetically that a mental health organization deemed me mentally ill and petitioned me. What legal recourses would I have to fight the petition in a court of law and have it redacted?

Paul

Answer 1

I'm not sure if you are in the US or not, but here you have to be shown to be a danger to yourself or others, and if they want to place you in a hospital, it has to be shown that it is the least restrictive environment for you (maybe not in all states, but I think so). For the US you can go to Bazelon.org for more information and references to your state.

If you are in another country, I would imagine you would still have the right to free legal counsel-we get that in the US and the US is so cheap on things like that. If you can afford a lawyer, you could hire one.

Answer 2

Paul,

it depends on the laws of the state in which you live. Some states are very strict while others may use the claim of, let's say a neighbor, who can verify that you're a threat to yourself or to others. The question really isn't so easy to answer.

Answer 3

Typically, you'll need a person with credentials to say you are NOT mentally ill.

Because a mental health organization, presumably a group of mental professionals is saying you ARE mentally ill, you'll need someone with equal authority and credentials to say otherwise. It is called a "professional testimony." A word from yourself, a lay person, or anyone else, would be considered a "here-say" and it is not admissible as an evidence.