Matter of Duvick

OPINION

EDWARD D. MULALLY, Judge.

Appellant was committed as mentally ill to a nursing home. She appeals, and we reverse.

FACTS

Appellant Esther Duvick is a 90-year-old woman who had been living in her own apartment. After she was hospitalized for a heart condition, the hospital filed a petition for her commitment as mentally ill.

Appellant’s treating physician diagnosed her as having mild dementia. The court’s second appointed examiner, Dr. Daniel Wiener, made the same diagnosis. The court’s first appointed examiner, Dr. William Fritsche, testified that he diagnosed appellant as suffering from…