Dolcino v. Clifford

The question presented in this case is whether the probate court has the power to make an involuntary commitment of the defendant on the ground that her mental condition created a potentially serious likelihood of danger to herself or to others. After hearing, the court denied defendant’s motion for a commitment of no longer than six months on the “ground of lack of jurisdiction pursuant to RSA 135-B:38 to fashion an order for less than two years.” Defendant’s exception was transferred by Slattery, J.

RSA ch. 135-B (Supp. 1973) was enacted in 1973 to guarantee humane treatment for the mentally…