The Division of Mental Health Advocacy assists people who have a mental illness or who are receiving mental health services. The attorneys and staff in this division ensure that people within the mental health system receive the care and assistance they need to live the fullest lives possible. The division also represents many individuals who are facing commitment or denial of liberty (mental health commitments, sexually violent predator commitments, and guardianship for people with developmental disabilities) under state civil law.

The Division of Mental Health Advocacy promotes, advocates, and ensures the adequacy of care and quality of life of patients, residents and clients within state-funded mental health facilities and programs. The division responds to complaints from patients, their families, other interested citizens, public officials and government agencies.

The Division of Mental Health Advocacy's Guardianship Unit is court ordered to represent individuals facing significant liberty deprivation in civil proceedings. The division represents about 50 percent of the adults and children committed under the Mental Health Civil Commitment statute. Individuals may be committed to federal, state, county or private psychiatric hospitals, or to general hospitals with short-term care psychiatric facilities or to children's crisis intervention services. 

Under an agreement with the Division of Developmental Disabilities, the Division of Mental Health Advocacy's Guardianship Unit also provides representation to individuals who are involved in "guardianship of the person" proceedings. 

Finally, the division also provides Constitutionally mandated legal services for indigent people facing indefinite civil commitment under the Sexually Violent Predators Act at one of the State's two treatment facilities.