Health & Benefits

Watching a loved one struggle with mental illness can be challenging. It’s good that you want to get help for your loved one. You may ask a judge to order a range of treatments, like:

• Outpatient care,
• Psychotropic medication, and
• Electroconvulsive shock therapy.

Navigating the mental health laws can be confusing. There are several paths available to you. However, you should know you are not alone. In any given year, nearly one in 5 people will experience mental illness. When mental illness strikes, friends and family often struggle to understand the available services. 

If you or a loved one are experiencing a mental health crisis, you can call 988. This service is free and available 24 hours a day, seven days a week. For more information on available resources, visit the Illinois Department of Human Services Help is Here webpage. 

Guardianships, powers of attorney, and court-ordered treatment

People think that guardianship or power of attorney will allow them to make medical care and treatment decisions. Those paths will not give you the authority to order someone to get medical treatment or take medication. Only the court can order those remedies through a civil mental health proceeding.

The court can order any of the following things:

• Admission to an inpatient mental health treatment facility,
• Admission to an outpatient mental health treatment facility,
• Alternative treatment in the community, and
• Administration of psychotropic medication and electroconvulsive shock therapy.

Before the hearing: Filing a petition and certificate

You will need to file a special kind of court document called a "petition" depending on the help you want. During the court case, you will be the “petitioner.” The loved one for whom you are seeking help will be the “respondent.” Petitions are often filed by mental health providers or treating physicians. However, anyone 18 years of age or older can file a petition.

Learn more about each type of petition:

• Petition for detention and examination,
• Petition for outpatient commitment, and
• Petition for inpatient commitment.

If you decide to file a petition, you will need to include the following:

• Information about the respondent’s mental illness, including the signs and symptoms of the mental illness,
• A description of any threatening or concerning behavior, and
• Names and addresses of witnesses and people who have related information.

You will need to tell the court if you have a conflict or another legal proceeding involving the respondent. 

You should file two certificates with your petition from a person who examined the respondent, such as:

• A doctor,
• A psychiatrist,
• A clinical psychologist, or
• A licensed clinical social worker.

One of these certificates must be from a psychiatrist. The certificates must be from within the last 72 hours. You may file the petition without the certificates. However, the court will not set a hearing until you complete the two certificates.

If you are in Cook County, you can ask for help filing a petition from the Cook County State’s Attorney’s Office, Special Prosecutions Bureau, Seniors & Persons with Disabilities Unit. The phone number of this Unit is 312-603-8600. The Unit can help you decide whether a petition is appropriate. They can then help you complete the necessary court paperwork. There is no charge for this service.

During the hearing: Getting the Order

The court will grant you a hearing after receiving the petition and two certificates, usually within a week or two. The Illinois Guardianship and Advocacy Commission will appoint a lawyer for the respondent. The State’s Attorney’s office will represent the People. The respondent can decide whether to appear in court. At least one psychologist, psychiatrist, or social worker will usually testify at the hearing.

After the hearing, the judge will decide whether to grant the relief you have requested for the respondent. Depending on the type of order, it may last for 90 to 180 days. If that time passes and your loved one still needs help, you can petition the court to extend the order.

After the hearing: Planning for the future

Once the respondent receives treatment and is stable, you may want to help him plan for the future. The respondent may consider signing a power of attorney or mental health treatment declaration. At this time, you may want to consider guardianship. These are decisions that your loved one should make in consultation with friends, family, and medical experts.

A severe mental health episode may lead to unrelated legal needs. Episodes of mental illness can jeopardize someone’s housing, employment, and family life. This website has information on common legal problems and may help your loved one on the path to recovery.

For assistance, contact:

National Alliance on Mental Illness (NAMI)
Chicago (312) 563-0445
Outside Chicago: (217) 522-1403