{"id":355819,"date":"2018-06-13T15:56:31","date_gmt":"2018-06-13T20:56:31","guid":{"rendered":"https:\/\/ability-fl-prod.internetbrands.com\/ability-law\/healthcare\/patient-rights\/involuntary-commitment-patient-and-public-rights.html"},"modified":"2026-08-26T15:26:00","modified_gmt":"2026-08-26T20:26:00","slug":"involuntary-commitment-patient-and-public-rights","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/healthcare\/patient-rights\/involuntary-commitment-patient-and-public-rights.html","title":{"rendered":"Involuntary Commitment: Patient Rights and Legal Protections"},"content":{"rendered":"\n
\n

Involuntary Commitment: Patient Rights and Legal Protections<\/h1>\n\n
\n
\n By Melissa McCall, J.D.<\/a> | Legally reviewed by Aviana Cooper, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
\n

This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
\n

The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

\n
\n
\n

Key Takeaways<\/h2>\n
\n
\n
\n

Involuntary commitment is a legal process that allows the state to confine a person with a mental illness when they pose a danger to themselves or others. Patients retain core civil rights throughout the process, including due process protections, the right to counsel, and freedom from abuse or unnecessary restraint. State and federal laws work together to balance public safety with patient rights during evaluation, treatment, and confinement.<\/p>\n<\/div>\n<\/div>\n<\/div>\n\n <\/div>\n <\/div>\n<\/div>\n\n\n

Confinement to a mental health facility against one’s will is involuntary commitment. This is true whether it is to protect the individual from self-harm or a matter of public rights. In this context, “public rights” means keeping the public safe when someone\u2019s mental state creates a serious safety risk.\u00a0<\/p>\n

Involuntary commitment involves taking away a person’s freedom for a period of time. There are legal procedures to ensure the patient’s constitutional right to due process<\/a>.<\/p>\n

Another term for involuntary commitment is civil commitment. Civil commitment is the legal process where a judge decides if a person with a mental illness will be committed against their will.<\/p>\n

This article provides a summary of patient rights on involuntary commitment. This includes grounds for commitment and state and federal laws.<\/p>\n

\n
\n
\n

If your loved one has been committed and you\u2019re facing confusing paperwork and court requirements, a healthcare lawyer<\/a> can step in quickly to protect their rights and guide you through the process.<\/p>\n<\/div>\n<\/div>\n<\/div>\n

Involuntary Commitment Law: A Brief History<\/h2>\n

Civil commitment proceedings start when a person is a danger to themselves or the public. Civil commitment requires statutory due process under state and federal laws.\u00a0This was only sometimes the case<\/a>. Patients’ and the public’s constitutional rights weren’t protected until the 1970s.<\/p>\n

In 1975, the U.S. Supreme Court decided\u00a0O’Connor v. Donaldson<\/a>, wherein it held that “A State cannot constitutionally confine… a non-dangerous individual who is capable of surviving safely in freedom by himself or with the help of willing and responsible family members or friends…”<\/p>\n

Under this decision, “mental illness” alone cannot result in an involuntary commitment. They must also be either:<\/p>\n