Legal Question in Family Law in Texas

Texas law mental illness

How can you have a family member put in rehab without his consent in Texas


Asked on 7/13/07, 12:01 am

2 Answers from Attorneys

Fran Brochstein Attorney & Mediator

Re: Texas law mental illness

I'm not an expert but here goes...

1. I assume you are asking about an adult.

2.Basically, everyone is allowed to do whatever they want to themselves (even if it's dangerous or stupid -- look at racing, smoking, overeating, motorcycles, etc.) unless they try to hurt someone else or themselves.

3. If someone is on drugs...

a. call the cops and have them arrested (instant rehab!) Many judges will order rehab or jail.

b. they voluntarily go to rehab

c. "tough love"

d. they have to hit their bottom before they will seek treatment -- hopefully before they kill themselves.

3. Do NOT enable them!

If they are truly threatening to kill themselves or someone else, contact Adult Protecive Services and see if a case worker will assess them.

Another option, contact the mental health dept. and find out how to get them picked up and assessed for being a threat to themselves or someone else. You will need a very recent "crisis" to report. You must go in person and sign a notarized statement or appear before a judge to state why this person is in serious immediate danger. If they are assessed sane, they will be released within approx. 3 days. This is an involuntary commitment and they must stay until they are released if the doctors decide they need help.They are in a locked facility and just can't walk out if they want to leave.

I had someone committed and they kept her over 3 months. I was supposed to come to court, but the attorney for Harris County decided the psychiatrist testimony was all he needed. Eventually, she killed herself with a shotgun and her family was very upset. I, however, knew that I'd at least tried to help her and that I'd done everything I could to try to make her family and friends recognize how mentally ill she truly was. Most of her friends and family ignored me! They are now guilt-ridden.

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Answered on 7/13/07, 12:22 am
Bruce Turner Bennett, Weston, & LaJone, P.C.

Re: Texas law mental illness

You have to go to court. If you need assistance get a hold of me.

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Answered on 7/19/07, 6:43 pm


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