36-533

36-533. Petition for treatment

A. The petition for court-ordered treatment shall allege:

1. That the patient is in need of a period of treatment because the patient, as a
result of mental disorder, is a danger to self or to others, is persistently or acutely
disabled or is gravely disabled.

2. The treatment alternatives which are appropriate or available.

3. That the patient is unwilling to accept or incapable of accepting treatment
voluntarily.

B. The petition shall be accompanied by the affidavits of the two physicians who
conducted the examinations during the evaluation period and by the affidavit of the
applicant for the evaluation, if any. The affidavits of the physicians shall describe in
detail the behavior which indicates that the person, as a result of mental disorder, is a
danger to self or to others, is persistently or acutely disabled or is gravely disabled
and shall be based upon the physician's examination of the patient and the physician's
study of information about the patient. A summary of the facts which support the
allegations of the petition shall be included.

C. The petition shall request the court to issue an order requiring the person to
undergo a period of treatment.

D. In cases of grave disability the petition shall also include:

1. A statement that in the opinion of the petitioner the gravely disabled person
does or does not require guardianship or conservatorship, or both, under the provisions
of title 14 and the reasons on which the statement is based.

2. A request that the court order an independent investigation and report for the
court if in the opinion of the petitioner the person does require guardianship or
conservatorship, or both.

3. A statement that in the opinion of the petitioner the gravely disabled person
does or does not require temporary guardianship or conservatorship, or both, and the
reasons on which the statement is based.

4. A request that the court appoint a temporary guardian or conservator, or both,
if in the opinion of the petitioner the person does require temporary guardianship or
conservatorship, or both.

E. A copy of the petition in cases of grave disability shall be mailed to the
public fiduciary in the county of the patient's residence or in which the patient was
found before evaluation and to any person nominated as guardian or conservator.

F. A copy of all petitions shall be mailed to the superintendent of the Arizona
state hospital.