In re P.A.C., 298 P.3d 1166

P.A.C. was voluntarily admitted to a Behavioral Health Unit and then detained for potential commitment to MS Hospital.
The District Court petitioned for 90-day commitment to MSH based on a professional's report on July 18, 2012.
P.A.C. appeared via VisionNet for initial court proceedings and was informed of rights, including presence at the hearing.
P.A.C. refused to participate in court-ordered evaluation and did not attend the commitment hearing held the same day.
Plaintiff’s attorney advised that P.A.C. wished to waive her right to be present, without further inquiry by the court.
The District Court proceeded with the hearing and later committed P.A.C. to MSH for up to 90 days.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether waiver of the right to be present was valid	P.A.C. capable; waiver must be knowing and intentional	Attorney could convey waiver; record supports waiver	Waiver not shown to be knowing and intentional; reversed

In re the Mental Health of C.R.C., 350 Mont. 211 (2009 MT 125) (waiver of rights in commitment proceedings; attorney may waive)
In the Matter of L.K., 353 Mont. 246 (2009 MT 366) (plenaries de novo review of due process)
In the Matter of L.K-S., 359 Mont. 191 (2011 MT 21) (requirement for proper waiver record; rights protected)
In the Matter of R.W.K., 297 P.3d 318 (2013 MT 54) (attorney representations may support waiver if capable; need inquiry)
In the Matter of R.W.K., 369 Mont. 193 (2013 MT 54) (district court must find waiver is knowing and intentional)
In the Matter of R.F., 369 Mont. 236 (2013 MT 59) (strict adherence to waiver provisions; record support required)