Guidelines for completing affidavits

 

DMH 142 is the Affidavit used for mental health and alcohol and drug involuntary commitments and is executed under oath.

 

“RESPONDENT” mean the person who is the subject of the involuntary detention proceedings.

 

Begin you Affidavit by identifying your relationship to the respondent.

 

Affidavit must state facts and witnessed behaviors not hearsay or predictions.  Timeframes in which behaviors occurred should be specified.

 

An Affidavit should address issues of mental disorder or alcohol/drug abuse and likelihood of serious harm.

 

Avoid the use of the words “I believe” or “I think” in Affidavits.

 

Generally, an affidavit should answer the questions: who, what, when, where, and how.

 

Describe those behaviors (including verbal statements) you have witnessed which suggest the person may be mentally disordered or an alcohol and/or drug abuser.

 

Describe those behaviors (including verbal statements) you have witnessed which suggest the person may be harmful to himself or others.  Each statement should be no longer than one or two sentences. 

 

Please only write on the front of the Affidavit form

 

Affidavits must be notarized.

 

The Affidavit becomes part of the court file and medial record which are accessible to the client if the client requests to see it.  There is no guarantee of confidentiality.

 

Some probate courts may require more than one Affidavit in certain situations.