My brother is now in his 40s and is still a heroin/crack addict and probably an alcoholic too. He is almost living on the streets...kind of bouncing from place to place for a roof over his head. He lives in another state (PA) and I am wondering what the likelihood is of a court granting me the right to get him into a 12month or longer rehab program. Cost is not an issue here, I am simply wondering about the likelihood of being able to institutionalize an adult who does not fall into the usual categories of those which would allow institutionalization.
2007-10-12 07:18:50 · 17 answers · asked by Anonymous in Health ➔ Mental Health
This may come as a surprise...but the courts really don't do anything re rehab. He has been jailed for trespassing, theft, & drug possession, but never sent to rehab. Also- regarding "hitting the bottom", he has died twice in the back of ambulances on the way to hospitals after overdosing in crack houses. I mean dead: no heart rate, no nothing. Also, he will never "agree" to go...he "doesn't have a drug problem" according to him.
2007-10-12 08:09:53 · update #1
It's possible, but a mental health evaluation (in my state) would have to find any one other issue besides addiction--other states may differ. I did a mental health committment on a paint sniffer last week and the psychologist found "lack of impulse control" which, to me, is just another way of saying he's an addict. You need to find a lawyer in Pa. just for some quick advice, but in my state, the District Attorney (same as "Prosecutor" in many states) does all the legal work for the committment. I'm sorry I can't give you a definative answer for Pa., but you would file a Petition for Involuntary Committment in the Court of Common Pleas and they would appoint a psychologist or perhaps a staff psychiatrist. You probably would not bear any financial responsibility until he goes into treatment. God bless you for caring and good luck.
2007-10-12 07:37:30 · answer #1 · answered by David M 7 · 1⤊ 0⤋
he has to not be able to answer for himself- like he's actually under the influence of a drug for him to be involuntarily institutionalized..... if you can, get him in your possesion and get him to do it for himself.the court id gonna look at him as an individual until you or him prove incapable of being that though. i hope your brother makes it, and the best out come happens.... i hope that he doesn't lose the fight to those demons in his soul.
i was going to sugest what cutelife was saying- that's the only way to MAKE SURE it happens...... he has to be under the influence of something to where he qualifies as altered mental status- he cannot tell you where he is, what's going on, who the president is, and stuff like that, he just needs to prove he's under the influence.... and cannot legally make rational descions by answering those questions wrong( just one question, he doesn't need to be to the point he don't remember his own name) she is correct about the 72 hr waiting period... then they will want to transfer him- but if you aren't there, or have a presense- they might let him go after he sobers up, so you have to be with him. (every adult has the right to choose what's right for themself, and nobody can really keep you from doing drugs- until you have power of attorney! then the ball is your court) this is a noble cause.
2007-10-12 07:26:07 · answer #2 · answered by aliaysleighbasic 3 · 0⤊ 0⤋
A court would "commit" a person if he is a danger to himself or others. However, you can do an intervention, where the person's friends and/or family try to convince the patient to commit himself.
There would be a lot less homeless people on the street if family members could easily commit the patient. And there also is the issue of money.
2007-10-12 07:32:49 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Only if he is a threat to himself or others, a 72 hour hold can be made, but that's at the discretion of emergency room staff. A longer hold requires a court order, and since the issue is addiction, not mental illness, odds are really low.
2007-10-12 07:23:17 · answer #4 · answered by Alex62 6 · 0⤊ 0⤋
Once he gets caught with illegal drugs or does something dangerous he will be institutionalized, jail or worse. You could have a heart to heart talk with him and ask him if he wants help. He's lucky to have a family member that wants to help. If cost is not an issue and he's willing to rehabilitate himself, it shouldn't be a problem.
2007-10-12 07:25:09 · answer #5 · answered by Kate J 6 · 0⤊ 0⤋
If you can show that he is a danger to himself or the public, you may be able to intervene. Since you are in another state, I think you will need the help of someone locally that can investigate options, and file the legal documents needed. Obviously a lawyer will be needed.
2007-10-12 07:27:50 · answer #6 · answered by fisherwoman 6 · 0⤊ 0⤋
I know how you feel, ben there done that.
Ok what you have to do is get him to your residence, I know this is rough but its for the best! Wait until he is really messed up, then call the cops, and have them baker act him. They will take him and put him in the hospitol for about 72 hours ok. In that time you have to go to the courts and tell them that you need power of attorney over him for the following reasonings. If he has ever talked suicidal, then for sure he needs help. If not and your not willing to do this then sit back leave it alone and wait for rock bottom to hit. You have to do this for him if you care that much about him.
2007-10-12 07:24:07 · answer #7 · answered by Anonymous · 1⤊ 1⤋
If he has legitimate legal charges & is convicted. Maybe like theft, drug charges, breaking & entering, terroristic threatening, etc. Otherwise you can put him in all the facilities in the US and he can walk away. The only way I think is to have hi legally committed. That requires court, all family, proof of incompetency and lots of other stuff I don't know about.
2007-10-12 07:21:06 · answer #8 · answered by char__c is a good cooker 7 · 0⤊ 1⤋
At least in FL, we have a thing called the Baker Act. They can be held in a facility for up to 48 hours if they are deemed a danger to their own lives. After the 48 hours is up, if they decide to check out, no one can stop them.
Unsure if your state has something like that, but even if it does, 48 hours is not nearly enough time for someone to realize that they are destroying their life.
2007-10-12 07:22:43 · answer #9 · answered by Kelly P 2 · 1⤊ 1⤋
The best you can do is call the police on him and have him arrested and charged. if he's found guilty, during sentencing plead with the judge to order him into rehab. Most judges would rather send someone to rehab than jail.
2007-10-12 07:28:55 · answer #10 · answered by christigmc 5 · 0⤊ 2⤋