Commitment to Mental Institution

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To have a person committed to the custody of the State Department of Mental Health, a petition must be filed with the Probate Judge of the county where the patient is located.

Attorneys to file the petition:

  • Bennett Driggers, Esq. (256) 536-7046
  • Charles Hooper, Esq. (256) 539-8914
  • Dustin Paseur, Esq. (256) 603-1453
  • Kimberly Brown, Esq. (256) 533-8795
  • Milburn Gross, Esq. (256) 828-9923
  • Rochelle Conley, Esq. (256) 533-6797

When the Probate Judge reviews the petition, an order is issued to the Sheriff to serve the patient with a copy of the petition and the order for a hearing.

The Probate Judge appoints a Guardian ad Litem for the person sought to be committed.

If at the final hearing the Probate Judge finds that the patient meets or does not meet the requirements for involuntary commitment an order shall be made for either.

An appeal from an order of the Probate Judge committing a person goes to the Circuit Court for trial de novo. The notice must be filed within five (5) days after the patient has received actual notice of the petition.

The legal complexity of mental commitment petitions necessitates having an attorney. The probate judge and/or his staff cannot advise you of the law or provide you with forms.