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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsMental health pros...a question
In Missouri there is such a thing as a "96 hour mental evaluation" whereby a person can voluntarily or BE INvoluntarily committed for 96 hrs. For mental evaluation.
You know where I am going with this I hope!
Is there ANY law that could be used (outside of what we have read here about Presidential incompetence rules) that would allow for the orange one to be involuntarily committed for a 96 hr psych evaluation and get this in a LOCAL judges hands to determine that he IS IN FACT incompetent?
Serious question
And may have already been asked. I am new. Thanks!
underpants
(183,043 posts)It's issue by a court (not sure which one city/state) here in Virginia. Every Community Service Board (CSB) has a crisis unit to deal with mostly suicidal folks but I think TDO's can also be issued with other mental health issues and substance abuse cases. Virginia law requires a certain number of TDO beds which hospital aren't generally crazy about having to provide. Usually it's 72 hours.
Ninsianna
(1,349 posts)Usually they have to demonstrate some sort of indication that there will be self harm or harm to someone else.
In any case, the secret service would not let anyone else get to him, if he was behaving in such a way as to be a danger to himself or others, his handlers would lock him down, and the only way he could be dealt with is through an official invocation of the 25th amendment (which won't happen given the gang of corrupt incompetents he's populated the Executive with, and the corrupt party in charge of Congress).
A local judge or local ER psychiatrist who would make these decisions would not be involved.
janterry
(4,429 posts)It would never happen. A hold is not to determine competency, but whether a person is a danger to self or others.
Commonly, we are looking for someone who is about to attempt suicide or is threatening to kill others because of their mental illness. Frankly, even in a wild scenario where he was dragged to the local ER - he'd meet with a psychiatrist would would first ask him: do you want to hurt yourself? Do you want to harm others?
If he could convince the clinician that he is not trying to go on a wild killing spree (but instead is responding to X crises as a President should............and keep in mind that everyone who goes with him to the eval - and that includes his aides and lawyers - would be saying he's in great form) - then he could go home right away.
I suppose if he became very erratic (I mean way more than he is) -
well, nothing. I don't think this would ever work. And at this point, I'm very sorry to report that he is competent (not in his job or as a person), but from a mental health perspective. That bar is surprisingly low and many people with major mental illnesses and active psychosis can pass a competency exam.
The only hope would be that his mental health were to deteriorate so markedly that his aides and Congress would step in...........and that will never happen (think Reagan and his Alzheimer's)
Wawannabe
(5,691 posts)I appreciate the replies!