How long can a person be held against their will for mental evaluation? 3 Answers as of May 20, 2011

How long can a person be held against their will for mental evaluation in Michigan?

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Craig W. Elhart, P.C.
Craig W. Elhart, P.C. | Craig Elhart
An initial order for hospitalization cannot be for more than 60 days. However, a second order can be issued for an additional 90 days and subsequent orders can be issued for up to 1 year intervals. If after initial evaluation there is determined to be a need for treatment, the person can be held until that need no longer exists.
Answer Applies to: Michigan
Replied: 5/20/2011
Thomas J. Tomko Attorney At law
Thomas J. Tomko Attorney At law | Thomas J. Tomko
Where a petition questioning the mental competency of a person who may need a guardian is filed, there is a short period of time. It may be a matter of a couple of days. (Not certain of the exact time from memory) The statute would be specific as to the time. In a criminal case, there is the matter of competency. This a different matter, and a person is generally not held for an evaluation. Rather, there is a bond which is set. If the person makes bond, then they are not held. I hope that this was helpful.
Answer Applies to: Michigan
Replied: 5/20/2011
Charles Regan Shaw, PLC
Charles Regan Shaw, PLC | Charles R Shaw
It depends. Without a court hearing you are limited but the court can order additional time after hearing.
Answer Applies to: Michigan
Replied: 5/20/2011
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