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Jack R.
Jack R., Family Law Attorney
Category: Family Law
Satisfied Customers: 6147
Experience:  OH/TX Mediator and Attorney dealing with Family, Child, and Divorce Law
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We have a 39 yr old son living in Alphretta GA. Not employed

Resolved Question:

We have a 39 yr old son living in Alphretta GA. Not employed but financially independant. Has suicidal thoughts,very unhappy. Drinks and takes zanex/ativan ( when he can get it) blames all issues on anxiety and panic attacks. Long term problem, obviously has issues he can't deal with. refuses to admit he has a problem. Frequent dangerous actions, smokes in house drops lit butts on carpet. Has a pet dog, claims to love but when on frequent binges doesn't feed or walk him for days. What can be done to forcefully protect him. Recently spent two weeks at Ridgeview Institute under pressure but refused to stay longer or go into a 3/4 house as recomended by doctor.
Submitted: 7 years ago.
Category: Family Law
Expert:  Jack R. replied 7 years ago.

You may need to have him involuntarily committed to a treatment facility. This can only be done if the individual represents an iminent danger to himself or others. There is an outpatient as well as inpatient process an individual can be ordered to participate in.

 

Per Georgia Statutes:

 

Inpatient guideliens:

 

Court may commit a person with mental illness who

 

(A)(i) presents a substantial risk of imminent harm to self or others as manifested by either recent overt or recent expressed threats of violence or
(ii) is so unable to care for that person's own physical health and safety as to create an imminently life-endangering crisis; and
(B) is in need of involuntary inpatient treatment

 

 

Court may order "outpatient" if the court determines that there is such available outpatient treatment which the patient will likely obtain so as to minimize the likelihood of the patient's becoming an inpatient.

 

"Outpatient" is a person who is mentally ill, and

 

(A) who is not an inpatient but who, based on the person's treatment history or current mental status, will require outpatient treatment in order to avoid predictably and imminently becoming an inpatient;

 

(B) who because of the person's current mental status, mental history or nature of the person's mental illness is unable voluntarily to seek or comply with outpatient treatment; and

 

(C) who is in need of involuntary treatment.

 

 

 

This communication is not intended as legal advice. A local attorney should always be consulted for legal advice. No client/attorney relationship is intended or created by this communication.

Customer: replied 7 years ago.
Yesterday he was forceably taken by ambulance to a local hospital (he cursed out his uncle who drove 2 hours in the rain to help him) where he received a "psyciatric evaluation" and was released earlier today, only to buy liquor on the way home and become non functional again. What are our chances of having him declared inompentent, what is our burden of proof ? His dad is in no financial position to pay for the help he needs but he himself has the finances to do so. Can his dad have the ability to use the sons money to pay for treatment?
Expert:  Jack R. replied 7 years ago.

Any one can request that a court determine whether an individual should be involuntarily committed. If a hospital has already evaluated him and decided he should be released then his condition may not warrant commitment. You can ask the court to consider commitment. They will assess his condition. Odds of commitment will be based on his diagnosis and condition. His dad will not have to pay for the commitment or treatment.

 

This communication is not intended as legal advice. A local attorney should always be consulted for legal advice. No client/attorney relationship is intended or created by this communication.

Customer: replied 7 years ago.
Does the court then determine where or what treatment should be given? If so who then pays for said treatment? Or does the guardian have the ability to select and sign patient into treatment?
Expert:  Jack R. replied 7 years ago.

If the individual can afford the treatment then the individual pays for it. Otherwise treatment is at state facility. The court can authorize the examination of then individual. Treatment is recommended by the examining physician.

 

This communication is not intended as legal advice. A local attorney should always be consulted for legal advice. No client/attorney relationship is intended or created by this communication.

 

 

Customer: replied 7 years ago.
Are you saying that if some one is declared incompentent the court then has all say in the future treatment of this person? What then is the roll of the guardian?
Expert:  Jack R. replied 7 years ago.

If the individual is committed by court order then that commitment lasts until the treating facility releases the individual. If a guardian is appointed that individual can make recommendations. A court appointed guardian is under the auspices of the court and must account to the court for his actions. Once in a hospital, the physicians control the situation. When the crisis is over, and the treatment is such that the individual no longer represents a danger to himself or others he will be released.

 

 

This communication is not intended as legal advice. A local attorney should always be consulted for legal advice. No client/attorney relationship is intended or created by this communication.

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