Matter of Phyll

Appellant appeals an order of the circuit court finding her to be a mentally ill person and committing her to the State Mental Health Division. We review de novo on the record to determine whether beyond a reasonable doubt appellant is unable to provide for her basic personal needs and is not receiving such care as is necessary for her health and safety pursuant to ORS 426.005(2). 1 We conclude that the evidence is not sufficient to meet the beyond a reasonable doubt test.

The standard for determining whether a person is able to provide for basic needs was set forth by this court in State v.…