Right to counsel

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Legislation, Civil Commitment

Generally

Any person who is civilly committed has the right to counsel at any proceeding. Such counsel will be court appointed if the patient or others fail to secure counsel at the time a commitment petition is filed. See Minn. Stat. § 253B.07, subd. 2c.  

 

In addition to being committed due to mental health, commitments may be sought due to substance abuse or developmental disability. See Minn. Stat. Ann. § 253B.09 ("(a) If the court finds by clear and convincing evidence that the proposed patient is a person who poses a risk of harm due to mental illness, or is a person who has a developmental disability or chemical dependency"); Minn. Stat. Ann. § 253B.02 ("'Chemically dependent person' means any person (a) determined as being incapable of self-management or management of personal affairs by reason of the habitual and excessive use of alcohol, drugs, or other mind-altering substances...").

 

As to administration of neuroleptic medications

Unless there is an emergency, neuroleptic medications (also known as antipsychotic medications) cannot be administered to a committed patient without their consent or the consent of the substitute decision-maker without a court order. Minn. Stat. § 253B.092, subd. 8.  Prior to a hearing regarding whether neuroleptic medication should be administered involuntarily, the patient must be examined by a court examiner. Id. at (b).  Paragraph (b) goes on to state that "The patient is entitled to counsel and a second court examiner, if requested by the patient or patient's counsel." Id. 

Appointment of Counsel: categorical Qualified: no