In re R.W.K., 297 P.3d 318

R.W.K. is a 55-year-old male with schizoaffective disorder.
December 24, 2011: law enforcement transported him to Benefis Health System after a church disturbance.
He exhibited noncompliant, delusional, and agitated behavior; refused food, medication, or dressing.
A petition for involuntary commitment was filed December 28, 2011; the court set December 30, 2011 for an appearance.
At the December 30 hearing, R.W.K. purportedly waived his rights under § 53-21-119(1) via representations by counsel and a friend; the court ordered commitment for up to 90 days to MSH.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Was there a valid waiver of rights under § 53-21-119(1)?	R.W.K. validly waived rights via counsel and friend.	Waiver required personal—even if intentional and knowing—waiver by R.W.K. or explicit record.	Waiver complied with § 53-21-119(1); rights waived knowingly and intelligently.
Does the original or amended order authorize involuntary medication?	Original order language suffices to authorize involuntary meds.	Amendment sought to expressly authorize involuntary medication via the chief medical officer.	Original order sufficiently authorized involuntary medication; amendment not necessary.

In re Mental Health of L.K.-S., 359 Mont. 191, 247 P.3d 1100 (2011 MT) (strict adherence to procedural rights in mental health commitments; substantial evidence standard for findings)
In re C.R., 367 Mont. 1, 289 P.3d 125 (2012 MT) (due process in involuntary commitment; waiver requirements)
In re S.C., 303 Mont. 444, 15 P.3d 861 (2000 MT) (authorization of involuntary medication when ordered to take prescribed meds; implied findings approach)
State v. McCarthy, 324 Mont. 1, 101 P.3d 288 (2004 MT) (waiver of right to be present at a critical stage—on-record personal waiver required)
Montco v. Simonich, 285 Mont. 280, 947 P.2d 1047 (1997 MT) (interpretation of mandatory language like 'shall' in court orders)