Guardians of people in court-ordered mental health treatment must be told before the person is released early or the order is allowed to end. Guardians may also ask for an independent evaluation or file their own request to continue treatment, and requests by relatives and victims for release notice now go to the court instead of the treatment agency.
Official title: court-ordered treatment; guardians; notice; release
- September 12, 2026
What changes
BeforeIf a patient under guardianship was to leave inpatient care, the medical director had to notify the guardian and any relevant regional behavioral health authority 10 days before. The text shows no matching guardian notice for early release from treatment altogether.
NowThat notice must come at least 10 days before, and the guardian and authority may waive it. A guardian must also get at least 10 days' notice before a patient is released from treatment early, without having to file a demand for notice.
BeforeRelatives and victims filed demands for release notice with the treatment agency, and the medical director could deny a demand if unable to confirm the person was a victim.
NowDemands are filed with the court on a prescribed form, which must include the patient's name and case number and the factual basis for any victim claim. The court decides whether the person is entitled to notice.
BeforeThe annual review before a treatment order expires was based on the patient's treatment and clinical records.
NowAs part of the annual review, the treatment agency must also seek out, accept and consider information about the patient's behavior from people it knows who have a significant relationship with the patient, including family members and guardians.
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NowIf the medical director decides not to ask the court to continue treatment for a patient under guardianship, the agency must notify the guardian at least 30 days before the order expires. The guardian may request an independent evaluation of the patient. At least 15 days before the order expires, the guardian may file their own request to continue court-ordered treatment, along with any psychiatric exam supporting it.
BeforeA person entitled to notice could ask the court to decide whether a patient met the standard for early release.
NowIf the court decides the standard for release is not met, it must order the patient to continue treatment until the order expires. When a hearing is held, the patient's records must also go to any independent examiner.
Who it affects
- People in court-ordered mental health treatment
- Guardians of those patients
- Relatives and victims of patients who want notice of release
- Mental health treatment agencies and their medical directors
- Regional behavioral health authorities
- Superior courts
- Prosecutors who filed petitions for court-ordered treatment
What you need to do
Relatives or victims who want notice before a patient's early release must file a demand for notice with the court on the prescribed form. Guardians do not need to file a demand to get early-release notice. Guardians may ask for an independent evaluation or file their own request to continue treatment by the stated deadlines.
What the law doesn't answer
- Whether demands for notice already filed with treatment agencies stay valid or must be refiled with the court
- How quickly the court must decide whether a relative or victim is entitled to notice
- Who pays for an independent evaluation a guardian requests
- What happens to a patient's placement if the guardian waives the 10-day notice
- Where to get the prescribed form for demanding notice
This summary describes the law as enacted. Later laws, court rulings or referendum petitions can change the picture. Check the official text for the current wording.