Massachusetts General Laws

Mass. Gen. Laws ch. 123, § 10 (2026)

Voluntary admissions; consultation with attorney; discharge; outpatients; veterans

✓ current as of July 2026

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Section 10. (a) Pursuant to departmental regulations on admission procedures, the superintendent may receive and retain on a voluntary basis any person providing the person is in need of care and treatment and providing the admitting facility is suitable for such care and treatment. The application may be made (1) by a person who has attained the age of sixteen, (2) by a parent or guardian of a person on behalf of a person under the age of eighteen years, and (3) by the guardian of a person on behalf of a person under his guardianship. Prior to accepting an application for a voluntary admission, the superintendent shall afford the person making the application the opportunity for consultation with an attorney, or with a person who is working under the supervision of an attorney, concerning the legal effect of a voluntary admission. The superintendent may discharge any person admitted under the provisions of this paragraph at any time he deems such discharge in the best interest of such person, provided, however, that if a parent or guardian made the application for admission, fourteen days' notice shall be given to such parent or guardian prior to such discharge.

(b) Pursuant to departmental regulations, the superintendent of a facility may treat persons as outpatients providing application for outpatient treatment is made in accordance with the application provisions of paragraph (a). The superintendent may, in the best interest of the person, discontinue the outpatient treatment of a person at any time.

(c) The chief officer of any facility of the Veterans Administration within the commonwealth may admit eligible veterans under the provisions of this chapter and thereupon shall be vested with the same powers as the department has under this chapter with respect to retention or discharge.

Notes of Decisions

Cited in 27 cases (2 in the last 5 years), 1959–2024 · leading case: Newton-Wellesley Hosp. v. Magrini, 889 N.E.2d 929 (Mass. 2008).

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Newton-Wellesley Hosp. v. Magrini, 889 N.E.2d 929 (Mass. 2008). · cites it 2× “On Wednesday, June 21, Magrini agreed to a conditional voluntary admission pursuant to G. L. c. 123, § 10. On Wednesday, June 28, Magrini filed an appeal from the judge’s denial of his request for an emergency hearing.”

Acting Superintendent of Bournewood Hosp. v. Baker, 725 N.E.2d 552 (Mass. 2000). · cites it 2× “During the ten-day period, she applied for care and treatment on a conditional voluntary basis, pursuant to G. L. c. 123, §§ 10, 11. The superintendent accepted Baker’s application and she became a conditional voluntary patient.”

In re E.C., 92 N.E.3d 724 (Mass. 2018). “A court order of commitment to a facility or to the Bridgewater [S]tate [H]ospital shall be valid for the period stipulated in this chapter or, if no such period is so stipulated, for one year.”

Temple v. Marlborough Div. of the Dist. Court Dep't, 479 N.E.2d 137 (Mass. 1985). · cites it 2× “G. L. c. 123, § 10 (a). Clearly, he cannot be deprived of the opportunity afforded under the statute for consultation with an attorney by a further deprivation of the right to elect voluntary admission, which is also granted by the statute.”

D.L. v. Comm'r of Soc. Servs., 591 N.E.2d 173 (Mass. 1992). · cites it 6× “16 (4) and (5) (1988), the DSS regulation that is disputed in this case 7 , and G. L. c. 123, § 10 (a) (1990 ed.). When the ninety-day period provided for by § 11.”

Doe v. Doe, 385 N.E.2d 995 (Mass. 1979). “G. L. c. 123, § 10(a). b. Commitment by court order.”

Cohen v. Bolduc, 435 Mass. 608 (Mass. 2002). “See G. L. c. 123, § 10. 5 *Had her agent not converted Bolduc’s status, the hospital would have been required to file a petition to retain Bolduc on an involuntary basis within ten (now four) days of Bolduc’s emergency admission.”

Gentile, 159 N.E.2d 86 (Mass. 1959). “have the same supervision over the commitment of insane persons to the Bridgewater state hospital as it has over the commitment of insane persons to other state hospitals under the provisions of this chapter; it shall have the same authority to discharge or transfer inmates of…”

Scheibel v. Cohen, 2004 Mass. App. Div. 153 (Mass. Dist. Ct., App. Div. 2004). “On December 12, 2003, within days of the expiration of the civil commitment, the appellant signed a conditional voluntary admission pursuant to G.L.c. 123, §§10 & 11. At the time of the filing of the appellee brief on January 13, 2004, the appellant was a patient at Westbor-ough…”

Leavitt v. McLean Hosp. Corp., 28 Mass. App. Ct. 598 (Mass. App. Ct. 1990). “See G. L. c. 123, § 10. Following a hearing *599 before a Superior Court judge, she was committed to McLean Hospital for twenty days.”

Guardianship of a Minor, 419 N.E.2d 1075 (Mass. App. Ct. 1981). “See G. L. c. 123, § 10, as amended through St.”

In re Bolduc, 2001 Mass. App. Div. 4 (Mass. Dist. Ct., App. Div. 2001). · cites it 2× “The requirements for such admissions are instead set forth in G.L.c. 123, §10 and 104 CMR 27 .06. With respect to an adult, an application for a voluntary or conditional voluntary admission to a mental health hospital can only he made either by an individual over the age of 16…”

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— Mass. Gen. Laws ch. 123, § 10(a) — 3 cases

Temple v. Marlborough Div. of the Dist. Court Dep't, 479 N.E.2d 137 (Mass. 1985). “G. L. c. 123, § 10 (a). Clearly, he cannot be deprived of the opportunity afforded under the statute for consultation with an attorney by a further deprivation of the right to elect voluntary admission, which is also granted by the statute.”

Doe v. Doe, 385 N.E.2d 995 (Mass. 1979). “G. L. c. 123, § 10(a). b. Commitment by court order.”

Acting Superintendent of Bournewood Hosp. v. Baker, 1999 Mass. App. Div. 140 (Mass. Dist. Ct., App. Div. 1999).

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