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Roger
Roger, Attorney
Category: Legal
Satisfied Customers: 31022
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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mother 88yrs old .. solid went to er sunday , was transfeered

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mother 88yrs old .. solid went to er sunday , was transfeered to mental heath hosptial eagleville pa.. against her will .. i am only son . can i get her out ? please advise lives alone in her own apt
Hi - my name is XXXXX XXXXX I'm a litigation attorney. Thanks for your question.

If the ER physical admitted your mother involuntarily, then she just can't leave when she decides to. Instead, the person will be admitted by the doctor for testing and evaluation. The person will have to stay until the doctor believes that the person isn't a danger to him/herself or others.

Here's a very good link you can read on this subject: http://www.pitt.edu/~mercyres/Pennsylvania%20Mental%20Health%20Act.pdf

The only other way to remove her before the doctor allows it is if you file a lawsuit for an independent exam, and have that doctor testify to the court - - after examining the person - - that there's no mental illness or that the person poses no danger to anyone. If that happens, you could remove her via court order.

It is probably best to speak with the doctor and find out what is going on with your mom and the treatment plan they have in store. it may be that they are willing to release her to you.
Customer: replied 3 years ago.
thanks kirk . i spoke with her tonite and she said sunday late she did not feel right they keep her overnite and next thing they toldv her on discharge she was goingb to eagleville hosptial for futher treatment .. no rralizing it is hosptial for all types of rehabs ,, nut cases etc . shes not out of it .. one bit as sane as me now the social working never returned my phone cALLS AND my wife got thur to my mom tonite by repeated trys .shes lived on her own for last 10yrs since my dad died .we are leaving sunday to help her any ideas on how to approch this hosptial ? she said shes being druggedup and held against her will me
I know this is a tough situation, and the fact that you're a long way from her makes something like this tougher.

The best thing to do is what you're planning - - go there and consult the doctor to find out what they say is going on with her and the treatment plan they have. IF you are not happy with the news you get, you're likely going to need to speak to an attorney in PA about getting a conservatorship/guardianship set up for your mother and then you will have the authority to act on her behalf, make decisions - - including decisions on her medical treatment, etc.

It is possible that you can get her relocated to another facility or even released to you if she's no threat to herself. If the treating physician's opinion is not accurate in your opinion, then the next step is to ask the court for an independent exam.

It's probably no reason to jump the gun right now and get a lawyer. Instead, just go up there and see the doctor and find out what the plan is and then act from there.
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