THE OKLAHOMA BAR JOURNAL 34 | FEBRUARY 2025 Statements or opinions expressed in the Oklahoma Bar Journal are those of the authors and do not necessarily reflect those of the Oklahoma Bar Association, its officers, Board of Governors, Board of Editors or staff. At the hearing, the court must determine by clear and convincing evidence whether the veteran is a person requiring treatment. To do so, the court will take evidence and make findings of fact concerning the veteran’s competency to consent to or refuse the treatment that may be ordered, including but not limited to the veteran’s right to refuse medication.9 The attorney’s role is an advocate for the best interest of the veteran. Sometimes, that means the veteran needs mental health inpatient treatment. Other times, it means the veteran can make treatment decisions for themselves. The attorney for the veteran makes these determinations and advocates for what is in the veteran’s best interest at that hearing. Individuals determined by the court to need treatment and be detained will be reviewed by the Department of Mental Health and Substance Abuse Services at least once every three months and, at any time, can have a hearing within 30 days if requested by the veteran.10 While the statutes used for these commitments are the same for nonveterans, veterans have access to significant resources through the VA. The VA hospital staff’s priority is to help these veterans attain competency and secure services through the VA to discharge them from the hospital safely and get them back on their feet as soon as possible. Due to the availability of resources, even after involuntary commitment, veteran stays tend to only be a few days. The veteran is often assisted through these services, including payees for finances, long-term care facilities and prescribed medications that can assist the veteran in managing their conditions. Access to these services is statewide in Oklahoma, with various clinics in a number of locations – Oklahoma City and Muskogee are able to handle more severe cases and treatment.11 If a client is at significant risk for self-harm or harm to others, petitions will need to be filed within Oklahoma County or Muskogee County by the district attorney’s office or with the assistance of the district attorney’s office. Veterans in need of a higher level of care are typically sent to those two locations, with petitions following thereafter. Involuntary commitments require attorneys to be advocates for clients who typically cannot make decisions for themselves in their best interest. Communicating with your client in a way that makes them understand their rights and feel safe is paramount. If treatment is in their best interest, help your client understand how the medication, therapy and other treatments will help them reach their goals, which is often to be discharged from the facility and to return to a normal life. A person’s freedom is a sacred right and is enshrined in our Constitution and statutes. It is of the utmost importance that those who have served to protect those rights are themselves protected. An involuntary commitment can be a scary thing for anyone, but with an attorney speaking for the veteran’s best interests, the veteran will receive the help they need while the liberty they have fought for is preserved by the bar. ABOUT THE AUTHOR Matthew R. Price is an attorney in Muskogee and a founding partner at Hammons Hamby & Price. He represents clients in criminal defense matters and is a criminal public defender for the Oklahoma Indigent Defense System in Muskogee, McIntosh and Sequoyah counties. Mr. Price serves as the involuntary commitment counsel and public guardian counsel in Muskogee County. ENDNOTES 1. https://bit.ly/3Wb8reF. 2. https://bit.ly/3C4iThl. 3. 43A O.S. §5-410. 4. 43A O.S. §5-416. 5. 43A O.S. §5-410. 6. 43A O.S. §5-209(C). 7. 43A O.S. §5-413. 8. 43A O.S. §5-411. 9. 43A O.S. §5-415. 10. 43A O.S. §5-420. 11. https://bit.ly/3PARUgE.
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