Opinion
15-P-628
03-08-2016
IN THE MATTER OF A.B.
NOTICE: Summary decisions issued by the Appeals Court pursuant to its rule 1:28, as amended by 73 Mass. App. Ct. 1001 (2009), are primarily directed to the parties and, therefore, may not fully address the facts of the case or the panel's decisional rationale. Moreover, such decisions are not circulated to the entire court and, therefore, represent only the views of the panel that decided the case. A summary decision pursuant to rule 1:28 issued after February 25, 2008, may be cited for its persuasive value but, because of the limitations noted above, not as binding precedent. See Chace v. Curran, 71 Mass. App. Ct. 258, 260 n.4 (2008).
MEMORANDUM AND ORDER PURSUANT TO RULE 1:28
A.B. appeals from the dismissal as moot of her appeal to the Appellate Division of the District Court from an order under G. L. c. 123, §§ 7 & 8. For the reasons given in the detailed and thoughtful decision of the Appellate Division, we affirm the order dismissing the appeal.
A.B. sought care and treatment at McLean Hospital (McLean) on a conditional voluntary basis pursuant to G. L. c. 123, §§ 10 and 11. McLean presented A.B. with a notification of transfer form under G. L. c. 123, § 3, which she refused to sign. The form was allegedly incorrectly completed by personnel at McLean. McLean deemed A.B.'s refusal to sign the form to be an objection to the proposed transfer; it accordingly petitioned for an involuntary commitment order pursuant to G. L. c. 123, §§ 7 & 8. See generally Acting Superintendent of Bournewood Hosp. v. Baker, 431 Mass. 101, 103-107 (2000). A.B. was then appointed counsel. Thereafter, she signed a correctly completed transfer notice and agreed to the transfer. A District Court judge allowed McLean's civil commitment petition. That order has since expired.
We agree with the Appellate Division that McLean's alleged failure to complete properly an initial transfer form was rendered moot by A.B.'s subsequent agreement to transfer and execution of a properly completed form. In addition, the commitment order has expired. See Guardianship of Erma, 459 Mass. 801, 802 (2011).
Order of Appellate Division affirmed.
By the Court (Cypher, Wolohojian & Neyman, JJ.),
The panelists are listed in order of seniority. --------
/s/
Clerk Entered: March 8, 2016.