Clear, unequivocal and convincing evidence that:
- the respondent is mentally ill; and
- because of the mental illness the person poses a real and present threat of substantial harm to himself or to others; and
- respondent will continue to experience mental distress and deterioration of ability to function independently if not treated; and
- respondent is unable to make a rational decision regarding treatment.
- Under Lynch v. Baxley, another element that is required is evidence that a person has actually been dangerous in the recent past and that such danger was manifested by an overt act, attempt or threat to do substantial harm to himself or another.
- treatment is available for the person’s mental illness or confinement is necessary to prevent the person from causing substantial harm to himself or to others; and
- commitment is the least restrictive alternative available.
