What is the test for a judge to order the involuntary administration of an antipsychotic medication?

California, United States of America


The following excerpt is from State Dep't of State Hosps. v. A.M., F075359 (Cal. App. 2018):

The superior court must determine competence to refuse treatment by clear and convincing evidence, "so clear as to leave no substantial doubt, [and] sufficiently strong to command the unhesitating assent of every reasonable mind." (Conservatorship of Waltz (1986) 180 Cal.App.3d 722, 733 & fn. 14.) An order authorizing involuntary administration of antipsychotic medication is reviewed for substantial evidence. (People v. Fisher (2009) 172 Cal.App.4th 1006, 1016.)

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