In Re Mh2011-000914, 275 P.3d 611

Appellant was admitted to Desert Vista Hospital after an emergency application for court-ordered evaluation filed by her husband.
A petition for involuntary treatment and affidavits by Drs. Andrew Parker and Marcelle Leet alleged danger to others and persistent or acutely disabled status.
Dr. Parker testified he spent only a minute or two with Appellant, relied on chart review, and formed an opinion about her mental state without a full interview.
Dr. Leet’s affidavit stated she met with Appellant, explained the interview, and concluded a psychotic disorder NOS based on Appellant’s denial of observed symptoms and inability to acknowledge circumstances.
At the hearing, the court found Appellant persistently disabled and unfit for voluntary treatment, ordering combined inpatient/outpatient treatment for up to 180 and 365 days.
On appeal, the Arizona Court of Appeals vacated the order, concluding the affidavit was not legally sufficient to meet the statutory criteria for involuntary treatment.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Was Parker's affidavit an adequate examination under §36-533(B)?	Appellant contends Parker did not conduct a proper examination.	State argues examination was unnecessary due to other record-based information.	No; examination not conducted, affidavit invalid.
Did Parker's affidavit meet the statutory requirement to describe observed behavior supporting disability?	Affidavit lacked detailed factual observations.	Affidavit cited medical conclusions from chart review and brief interview.	No; conclusory statements insufficient.
Do the affidavits, taken together with trial testimony, establish clear and convincing evidence of persistent or acute disability?	Parker's testimony supported disability.	Leet's affidavit suffices to establish disability.	No; Parker's affidavit and testimony did not provide sufficient facts to meet the statutory standard.

In re Jesse M., 217 Ariz. 74 (App. 2007) (law prohibits lax examination requirements; strict compliance preferred)
In re Commitment of Alleged Mentally Disordered Pers., 181 Ariz. 290 (1995) (affidavits must support findings with substantial evidence)
State v. Renforth, 155 Ariz. 385 (App. 1987) (clear and convincing standard; statutory requirements must be met)