In State v. M. J. M, appellant appealed a judgment that committed her to Mental Health Division custody, arguing she had proven to the trial court by a preponderance of the evidence “she was willing and able to and would probably participate in voluntary treatment.” Once a court finds a person is mentally ill by clear and convincing evidence, if the court finds that person is “willing and able to participate in treatment on a voluntary basis” and they “will probably do so” the court must order their release under ORS 426.130(1)(a)(A)(i)-(ii).
Is it possible to convince a court that someone who may have very poor insight into their illness is nonetheless willing and able to participate in treatment? The truth is, many such people ARE, given proper support. For the next few weeks, I intend to blog about LEAP, a useful program developed by Dr. Xavier Amador that anyone can use to help their clients (or friends, or family) accept the treatment they need. Stay Tuned!