Laws vary by state and country, but generally four procedures are used to deprive people of liberty in order to subject them to treatment. In the case of the elderly, it may mean that there is no family member to care for them, or they have trouble preparing meals and feeding themselves. 5 Non-judicial commitment differs from emergency commitment only in that it does not require immediate capture and detention of the victim. A psychiatrist examines a person and certifies, in writing, that hospitalization is required. A judge then reviews the paperwork for authenticity and signs the authorization for involuntary detainment.
Judicial commitment requires court jurisdiction prior to commitment.
Legal documents must be filed alleging the person should be involuntarily hospitalized. In some countries the committal procedure is overseen by a magistrate with lawyers presenting evidence on behalf of the victim and in some countries, victims are given the right to a lawyer. However, while the outcome may be decided by a judge or magistrate, it rarely, if ever, involves a jury. This presumes greatly that an earlier court procedure accurately diagnosed the victim as incompetent. In some countries, guardianship boards have the jurisdiction to determine whether a person should be incarcerated and approves what treatment the person may undergo.