Involuntary Commitment to a Mental Health Facility in Illinois

Article written by Illinois Attorney Kevin O’Flaherty

In this article, we explain involuntary commitment to a mental health facility in Illinois, including:

• How to admit someone to a mental health facility against their will in Illinois;
• When can a person be involuntarily committed to a mental health facility in Illinois?; and
• Involuntary commitment to a mental health facility through a power of attorney in Illinois.

Every state has civil commitment laws that establish criteria for determining when involuntary treatment is appropriate for individuals with mental illness who may not or cannot seek treatment voluntarily. The state of Illinois is one of only 17 states that provide access to treatment on the basis of need with a consideration of potential risk or danger. Individuals with mental illness can be admitted to a mental health facility against their wishes. This is called involuntary admission.

How to Admit Someone to A Mental Health Facility Against Their Will in Illinois

There are usually two ways a person with mental illness is involuntarily admitted to a mental health facility in Illinois:

1.) Admission by court order: An Illinois judge can force an individual to be admitted to a mental health facility against his or her will. Any person over the age of 18 can file a…