Opinion
92-01-95068; CA A73281
Argued and submitted August 12, 1992
Affirmed April 21, 1993
Appeal from Circuit Court, Multnomah County.
Charles B. Guinasso, Judge.
E. Ted Meece, Portland, argued the cause for appellant. With him on the brief was Deich and Meece, Portland.
John R. Payne, Certified Law Student, Salem, argued the cause for respondent. With him on the brief were Charles S. Crookham, Attorney General, Virginia L. Linder, Solicitor General, and Michael D. Reynolds, Assistant Attorney General, Salem.
Before Richardson, Chief Judge, and Deits and Durham, Judges.
PER CURIAM
Affirmed.
Defendant appeals from a civil commitment order. The trial court found that defendant is a person who, because of a mental disorder, is unable to provide for his basic personal needs and is not receiving the care necessary for his safety and health. ORS 426.005(2)(b). On de novo review, State v. O'Neill, 274 Or. 59, 61, 545 P.2d 97 (1976), we affirm.
Defendant concedes that he has schizophrenia, a mental disorder. At the hearing, his speech was disjointed and nonsensical, and he was only occasionally able to respond to the examiners' questions. The state proved that defendant was about to be evicted from his apartment. In the past, he had not cooperated with mental health authorities and had refused to take necessary medications. Defendant testified that he would take only over-the-counter medications, although his condition requires prescription medications for survival and he cannot function without them. See State v. Bunting, 112 Or. App. 143, 145, 826 P.2d 1060 (1992). Medication required to forestall a life-threatening condition can be a basic need. State v. Brungard, 101 Or. App. 67, 71, 789 P.2d 683, mod 102 Or. App. 509, 794 P.2d 1257 (1990). Because defendant was not able to meet that basic need, the state proved by clear and convincing evidence that defendant is mentally ill.
Affirmed.