Kenneth Vercammen, Esq is Chair of the ABA Elder Law Committee and presents seminars to attorneys and the public on Wills, Probate and other legal topics related to Estate Planning and Elder law. He is author of the ABA's book "Wills and Estate Administration. Kenneth Vercammen & Associates,
2053 Woodbridge Avenue - Edison, NJ 08817
(732) 572-0500 More information at www.njlaws.com/

Thursday, January 05, 2017

22-2-1952 In the Matter of Civil Commitment of W.B., N.J. Super. App. Div. (per curiam) (9 pp.)

22-2-1952 In the Matter of Civil Commitment of W.B., N.J. Super. App. Div. (per curiam) (9 pp.) Following his admission, the hospital filed an application for temporary order of commitment. The Law Division entered an order involuntarily committing W.B. for treatment at the hospital pursuant to N.J.S.A., 30:4-27.10(a), assigning counsel, and scheduling a hearing to determine whether there was a continuing need for an involuntary commitment. At the hearing, the state presented the testimony of W.B.'s treating psychiatrist who stated W.B's symptoms included continuous internal dialogue, paranoia, and religious preoccupation. Based on his history of W.B.'s failure to comply with outpatient services, the psychiatrist was concerned that if W.B. failed to take his medications, he would continue to return to the hospital and would otherwise not act in his own best interest. The judge determined W.B. suffered from a mental illness and was chronically noncompliant with his medication prescriptions, thereby concluding it was in W.B.'s best interest to continue the involuntary commitment. The court reversed, holding the state failed to establish by clear and convincing evidence that W.B. was "in need of voluntary commitment." In re Commitment of M.C., 385 N.J. Super. 151, 160 (App. Div. 2006) Further, the evidence presented was insufficient to show that the committed person presented a substantial risk of dangerous conduct within the foreseeable future. According, the judge's decision was not supported by clear and convincing evidence and therefore reversed.