Alaska Supreme Court

In the Matter of the Necessity for the Hospitalization of Linda M.

March 22, 2019440 P.3d 168

Summary

The Alaska Supreme Court affirmed orders asserting superior-court jurisdiction over civil commitment and involuntary-medication petitions filed while Linda was subject to a criminal competency commitment. It held that the governing statutes permit overlapping competency and civil proceedings and require medication petitions to be heard in superior court. The court also upheld the authorization of involuntary medication because the superior court independently found, by clear and convincing evidence, that Linda lacked capacity to consent, medication was in her best interests, and no less intrusive alternative was adequate.