AOT Assisted Outpatient Treatment Orders

An **Assisted Outpatient Treatment (AOT)** order is a civil court directive requiring a person with a serious mental illness to follow a specific treatment plan while living in the community. It’s often used when a person has a history of hospitalizations, noncompliance with treatment, or poses a risk to themselves or others if untreated.

Here’s a family law guide to AOT, broken into key components to help families understand and navigate the process:

WHAT IS AOT (ASSISTED OUTPATIENT TREATMENT)?

AOT is a **court-ordered, community-based mental health treatment** plan. It allows individuals to live outside a hospital while adhering to specific psychiatric care and medication requirements. The goal is to prevent relapse and hospitalization by ensuring compliance with treatment.

 Legal Foundation

AOT is civil—not criminal—law. It falls under mental health law, but intersects with family law when:

* A family member petitions the court.
* Guardianship or conservatorship is involved.
* Parental rights or caregiver roles are affected.

AOT laws vary by state. In New York: Kendra’s Law (Mental Hygiene Law § 9.60)**

 FAMILY’S ROLE IN AOT

Family members play a vital role in initiating and supporting AOT:

1. **Petitioning the Court**

Family members can petition the court if the individual:

* Is over 18
* Has a serious mental illness (e.g., schizophrenia, bipolar disorder)
* Has a history of noncompliance leading to hospitalization, violence, or threats
* Is unlikely to survive safely without supervision

2. **Providing Evidence**

You may need to supply:

* Medical records
* Psychiatric evaluations
* Testimony of past incidents
* Proof of prior treatment noncompliance

3. **Testifying at the Hearing**

Family may be asked to:

* Testify about the individual’s behavior
* Recommend a treatment plan
* Show support for outpatient compliance

 TREATMENT PLAN REQUIREMENTS

The court-approved treatment plan may include:

* **Psychiatric evaluations**
* **Medication management**
* **Substance abuse treatment**
* **Therapy or counseling**
* **Case management services**

Noncompliance may lead to:

* Temporary hospitalization for evaluation
* Further legal intervention

 AOT AND GUARDIANSHIP

If your loved one is **incapacitated** and unable to make decisions:

* You may need to seek **guardianship or conservatorship** in family or probate court.
* A guardian can **consent to treatment** on their behalf and help enforce the AOT order.

 STEPS TO OBTAIN AN AOT ORDER (TYPICAL PROCESS): WE CAN HELP YOU! 

1. **File a Petition:** Usually with a mental health or civil court.
2. **Evaluation:** A mental health professional must assess the individual.
3. **Hearing:** Judge considers evidence/testimony.
4. **Order Issued:** If criteria are met, the court mandates outpatient treatment.
5. **Monitoring & Compliance:** Regular reports are submitted to the court.

 FAMILY LAW IMPLICATIONS

* **Custody & Parenting:** If the person under AOT has children, the court may evaluate parenting capacity.
* **Protective Orders:** If the individual poses a risk to family, an order of protection may be pursued.
* **Financial Responsibility:** Families might be involved in treatment costs, insurance issues, or conservatorship expenses.

 TIPS FOR FAMILIES

* **Document everything:** Keep records of hospitalizations, medications, and incidents.
* **Be supportive but firm:** Encourage treatment while protecting boundaries.
* **Know your state’s laws:** AOT rules differ significantly.
* **Get legal advice:** Mental health and family law attorneys can guide you through petitions, hearings, and guardianship issues.

Our firm offers a free consultation on guardianship and other family law issues in the state of New York.  Call us at 516-773-8300. 

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