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Processes vary state to state and country to country, however;

In most common law jurisdictions the requirement is that;

1.) Police or medical authorities hold the person for 72 hours (or more) to observe the mental disorder.

2.) If it is determined that the person represents an imminent danger to themself or others (by which we mean an actual danger of lethal violence- (i.e.: is homicidal and likely to kill, or is suicidal and likely to kill themself) a hearing is held before a judge.

3.) The judge hears the opinions of (generally) three doctors familiar with the case as well as the testimony of the mentally ill person. The judge may also review medical history.

4.) If the judge agrees that the person is in fact a danger to themself or others, he issues an order of commitment. The person is then held in a state mental hospital until such time as they are no longer considered a threat.

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Added: The above pretty well spells out the process for an EMERGENCY COMMITMENT for mental health examination IF the individual meets the criteria of an IMMINENT DANGER. However - the normal civil law route to declare someone mentally incompetent, is to present a motion to the court and be able to supply sworn testimony (or affidavits, if accepatable) to the court, containing acceptable medical diagnoses that the person in question is, indeed, unable to mentally function. The court will hear the case and render a decision on the matter.

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Q: How do you go about committing a person to a mental institution if they are already mentally ill?
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