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Date: 05/08/2026

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Getting mental health care for a loved one Guide

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A mental health facility is a hospital or other place that treats people with mental illnesses. This includes both private and state facilities.

There are three ways to enter a mental health facility as a patient. The three ways are: voluntary, informal, and involuntary.

Voluntary admission

If you have a mental illness and are over the age of 16, you can ask for admittance to a mental health facility. This is "voluntary admission." If you ask to leave, the facility must discharge you within 5 business days. The facility may want to keep you longer. If so they can file a request in court.

If a minor A person under 18 years old voluntarily commits themselves, their parent or guardian must immediately be informed. 

Informal admission

You can ask for informal admission. This is similar to voluntary admission, but you can be discharged quicker.

Involuntary admission

You can be admitted to a mental health facility against your wishes. This is “involuntary admission.” There are two types of involuntary admission. The two types are: by court order and by certification. 

You may have more protections if:

  • You are involuntarily admitted,

  • You are being treated for mental health or substance abuse, and

  • You live in northern Illinois.

People who live in northern Illinois are entitled to appropriate treatment in Wisconsin if the facility would be closer to their home. This option is only available for private facilities. Facilities run by private organizations  

Admission by court order

A judge can force you to be admitted to a mental health facility. This is "admission by court order."

Admission by certification

You can be admitted against your wishes even without a court order. This can only occur in an emergency. This is "emergency admission by certification." It is usually for a brief time.

 
Last full review by a subject matter expert
November 15, 2024
Last revised by staff
November 26, 2024

About our legal information

Take action

Appealing mental health care decisionsHow-To
Learn when you can appeal mental health care decisions, the steps in an appeal, and resources that can help.
Being admitted to a mental health facility by court orderHow-To
If you do not pose an immediate danger to yourself or others, you are entitled to have a court hearing before you are admitted to a mental health facility.
Being admitted to a mental health facility in an emergencyHow-To
If you need immediate hospitalization to protect yourself or others from physical harm, you may be admitted through the admission by emergency certification process.

Learn more

My rights when admitted to a mental health facility Text article
Describes the rules and patient rights which apply to all types of admissions to a mental health facility.
Voluntary and informal admission to a mental health facility Text article
Learn about the process of voluntary and informal admission to a mental health facility for adults.
Rules for involuntary admission hearings and discharge Text article
Examines the procedures that must be followed to ensure that a patient who is involuntarily admitted receives a fair hearing.
Mental health treatment for children Text article
Describes when children may receive outpatient mental health care without parental consent, and explains the special rules that govern the hospitalization and discharge of children from mental health care facilities.
Transfers between state-operated mental health facilities Text article
Describes the general rules governing transfers and a patient's rights to notice of their upcoming transfer between mental health facilities.

Worried about doing this on your own?  You may be able to get free legal help.

Apply Online

Take action

Appealing mental health care decisionsHow-To
Learn when you can appeal mental health care decisions, the steps in an appeal, and resources that can help.
Being admitted to a mental health facility by court orderHow-To
If you do not pose an immediate danger to yourself or others, you are entitled to have a court hearing before you are admitted to a mental health facility.
Being admitted to a mental health facility in an emergencyHow-To
If you need immediate hospitalization to protect yourself or others from physical harm, you may be admitted through the admission by emergency certification process.

Learn more

My rights when admitted to a mental health facility Text article
Describes the rules and patient rights which apply to all types of admissions to a mental health facility.
Voluntary and informal admission to a mental health facility Text article
Learn about the process of voluntary and informal admission to a mental health facility for adults.
Rules for involuntary admission hearings and discharge Text article
Examines the procedures that must be followed to ensure that a patient who is involuntarily admitted receives a fair hearing.
Mental health treatment for children Text article
Describes when children may receive outpatient mental health care without parental consent, and explains the special rules that govern the hospitalization and discharge of children from mental health care facilities.
Transfers between state-operated mental health facilities Text article
Describes the general rules governing transfers and a patient's rights to notice of their upcoming transfer between mental health facilities.
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ILAO is a registered 501(c)(3) nonprofit organization. ILAO's tax identification number is 20-2917133.