State v. Turel

Appellant appeals a judgment adjudicating him to be a mentally ill person and committing him to the Mental Health Division. The trial court committed appellant because his mental disorder made him unable to provide for his basic personal needs, and he was not receiving the care necessary for his health or safety. ORS 426.005(1)(d)(B). 1 On de novo review, State v. O’Neill, 274 Or 59, 61, 545 P2d 97 (1976), we reverse.

At the time of hearing, appellant was 68 years old and had been a resident of the Gracelen Terrace Residential Care Center (the care center) for 13 years. Appellant suffers from…