How do I take medical control over someone not able to do so for them self?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
How do I take medical control over someone not able to do so for them self?
I have a close family member who
continues to have medical issues that
leave her unable to take care of her
self. She has been in and out of the
Hosp. And signs her self out before
really getting the help she needs. How
can I get the legal control to make sure
she’s safe? Also I am her eldest son and
she does not have a partner.
Asked on October 30, 2017 under Estate Planning, Connecticut
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
You can only "take medical control" if your mother is found by a court, based on medical evidence (e.g. medical tests; testimony by doctors who have treated her) to be mentally imcompetent and unable to manage her own affairs, and you are appointed as her legal guardian. This can be a difficult thing to do, since the law does not like taking away peoples' control over their own lives and requires strong evidence of incompetence: e.g. of an inability to appreciate her own condition or to understand what needs to be done, or being the victim of uncontrollable impulses. Just making poor or unwise choices is not enough.
If you wish to explore this option, consult with an attorney doing elder law or who represents the disabled and their families: such a lawyer should understand how to apply for a guardianship.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.