Does anyone know if the attorney appointed to represent the proposed patient can waive the proposed patient's right to appear at the probable cause hearing? As far as I can tell the code only authorizes the attorney to waive his client's right to appear at the hearing on the Court-Ordered Mental Health Services. Any help is appreciated.

The Mental Health Code requires that the proposed patient have "an opportunity at the hearing to appear and present evidence to challenge" the allegations against him or her. Tex. Health & Safety Code sec. 574.025(d). As it is couched in terms of a permissive right, it would appear that this is a right that could be waived. Support for this conclusion may also be seen in the overall language of section 574.025, as well as subsections (e) and (f). Nowhere in the statute is there a non-waiver provision. The specific provisions authorize the magistrate or master to consider evidence such as letters, affidavits and "other material" that may not be admissible or sufficient in a subsequent commitment hearing, and permit the state to prove its case based on the physician's certificate of medical examination. Moreover, among the duties of an attorney representing a proposed patient is the duty to "advise the proposed patient of the proposed patient's right to attend a hearing or to waive the right to attend a hearing" and to inform the court why a proposed patient is absent from a hearing. Tex. Health & Safety Code sec. 574.004(e). Taken together, these provisions seem to suggest that a proposed patient may, indeed, waive his or her right to be present at a probable cause hearing.

I suppose a judge could override that waiver if he or she saw good reason to do so. Those reasons could include an inability to determine the grounds for continued detention without examination of the proposed patient or a cancelled tee time.