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Chapter 123, Section 8 Mental Illness

Would it be possible for the family of a young woman, suffering from serious mental illness, to petition the Mass. District Court under Section 8 of Chapter 123 the M.G.L. for a commitment to a mental facility. The woman poses a serious threat to her own safety on a daily basis due to serious addiction to heroin, and supported by prostitution and larceny on a daily basis. The individual has been repeatedly apprehended under Section 35 and Section 12, placed into 30 day programs by Court order only to immediately return each time to the same life threatening activity and cannot stop. The detox and 30 day programs do not deal with the mental issues this woman suffers from. The individual is from a well off family and been afforded the best available drug treatment.

The woman will likely die in a short period of time. So I am posing this question. Would a petition by the family under Section 8 be an appropriate avenue if supported by psychiatric evaulations? Time is of the essence. I appreciate any and all advice.

Editor's Response

Because of the nature of the problem and your desire to act quickly, I will cut right to the chase and tell you I am unable, in this forum with limited information, to provide a meaningful answer.  If the family is well-off I would encourage them to contact a probate law attorney (someone with guardianship experience) ASAP and talk to her about involuntary commitment.  From what I have heard, involuntary commitments are tough to accomplish, but if that is the only way to help the woman, it is worth trying.  Good luck.

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