concluding notice was adequate because although Court of Appeals of Indiana | Opinion 25A-MH-1592 | February 6, 2026 Page 6 of 11 portions of the physician’s statement were illegible, committed person was notified of the temporary commitment proceeding
How later courts described this case
- concluding notice was adequate because although Court of Appeals of Indiana | Opinion 25A-MH-1592 | February 6, 2026 Page 6 of 11 portions of the physician’s statement were illegible, committed person was notified of the temporary commitment proceeding
- noting that in involuntary commitment proceeding, court properly allowed physician to have access to patient's medical records under Indiana Code Section 16-4-5-3.1, now, Indiana Code Section 16-39-2-1
- clarifying waiver of a respondent's codified due process right to counsel at a commitment hearing when the statute recognized the right but was silent on personal waiver
- “In reviewing a claim of insufficient evidence in a commitment case, we keep in mind that commitment may be ordered only if the elements upon which the commitment is ordered are proven by clear and convincing evidence, and we consider only that evidence most favorable to the judgment, along with all favorable inferences therefrom.”
Written by the judges who cited it.
The opinion
RUCKER, Judge,
concurring in result with separate opinion.
I concur in result with the majority opinion. The trial court determined GPH was both gravely disabled and dangerous thereby justifying GPH's involuntary commitment. I agree the evidence in this case is sufficient to establish GPH is gravely disabled. However, I am unpersuaded there is clear and convincing evidence demonstrating GPH presents a "substantial risk" that he will harm himself or others. Ind. Code § 16-14-9.1 -1(c).