Health & Benefits

Someone must file a petition with the circuit court in the county where you are. A person age 18 or over must sign and swear to the petition.

The petition must explain why you need to be admitted. It should include the time and place of any threats or dangerous actions.

The person filing the petition must state whether they have any legal or financial involvement with you.

Any certificate prepared by a doctor or mental health professional may be filed with the petition. The court can also order an examination of you.

The judge will review the documents.

If there are at least two certificates, the judge will schedule a hearing to be held within five business days. If only one certificate was filed, the judge will order you to be examined by a mental health professional. If no certificates are filed, the court will order you to be examined twice.

You must receive a copy of the petition and the court order that requires you to have an exam at least 36 hours before the exam. If you have a guardian or attorney, a copy must be given to them as well.

When you go to the exam, you can bring a relative, friend, or attorney. In general, you can stay in your home while you are waiting for the exam. If you refuse to attend the exam, the judge can order that you be taken to a mental health facility by the police. You will be held there to be examined.

Even if you have not been asked to have an exam, the court may order you to be picked up by a police officer and taken to an exam if necessary. In this case, the facility cannot hold you for more than 24 hours unless a certificate has been filed.

The examiner must explain to you that the purpose of the exam is to decide if you need to be involuntarily admitted. They must tell you that you do not have to say anything at the exam. Anything that you do say may be disclosed at a court hearing.

If you are admitted to a facility for an exam, they must release you within 24 hours. The facility does not have to release you if they believe that you pose an immediate threat of harm to yourself or others. In that case, they should start emergency proceedings to admit you by certification.

The judge will schedule a hearing if two filed certificates state that you need to be admitted. The hearing will be held within five business days after the filing of the second certificate.

Notice of the hearing must be sent to:

• You,
• Your lawyer,
• Your guardian,
• Your spouse,  
• Your parents (if you are under 18), and 
• The facility director.

After the exam, you can return to your home until the time of the hearing. But almost all people are involuntarily admitted after the exam and stay there until the hearing.

If you are allowed to return home while awaiting the hearing, the judge can have a police officer take you to the hearing. The judge can do this if he or she thinks it is necessary for your safety or to make sure you attend.