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Dimitry K., Esq.
Dimitry K., Esq., Attorney
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What is the procedure in ordering a drug test on a 50 year

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What is the procedure in ordering a drug test on a 50 year old son?
Thank you for your post. Please allow me to assist you this evening.

Do you have guardianship of this child? Is he a legal adult and fully competent?
Customer: replied 3 years ago.

A legal adult. He isn't fully competent if on drugs, which we are not sure of. How could he be? At times he seems like it


I ask because one competent adult cannot legally order a drug test against the other. If you do not have a medical power of attorney or a formal guardianship, you really cannot compel a drug test. At most what you can do is contact the police or the EMTs, state that he is acting dangerous toward himself, and ask that they involuntarily commit him to a medical facility for a psychological evaluation. Then there the medical facility itself can order testing and see if the person is under the influence of drugs or other sort of items such as alcohol. But whether or not he is 'competent' or not is something the courts would need to first evaluate---you would need to consider filing in court for formal conservatorship by claiming that he is not competent. But if he contests and can show that he can make his own decisions, the courts would not grant it since adults are presumed to be sane and competent under law. Much like how I cannot demand that you take a drug test for me, neither can your son do that for you. It has to take place either via a court order and a very long process of guardianship, or if your involuntarily commit him.

Hope that helps.

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