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I have a common law whot got into a fight with 2 other

Customer Question
I have a common...

I have a common law whot got into a fight with 2 other ladies in a boarding home

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

I might need to talk to a different type of lawyer

Lawyer's Assistant: Has anything been filed or reported?

Yes

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

The girls she got into a fight with lied to the boarding home workers and said that my common law heard voices and was possesed, they lied, and then my common law who was perfectly fine was sent down to a mental institute and "diagnosed" with schizophrenia, and now she is on brain altering medicine and she is not the same anymore,

Submitted: 5 months ago.Category: Canada Law
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Answered in 4 hours by:
11/24/2017
Lawyer: Debra, Lawyer replied 5 months ago
Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 103,956
Experience: Lawyer
Verified

Hello! My name is Debra (formerly known as Legal Ease). Thank you for your question. I'm reviewing it now, and will post back again shortly.

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Lawyer: Debra, Lawyer replied 5 months ago

I am sorry to hear this.

What is your province please?

What is your specific question?

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Customer reply replied 5 months ago
Nunavut
And my question is, can i get her off the medication?? And stop her from changing, she is now emotionless, like she had no soul,no life no spirit, like zombie, i think i have lost my significant other, i have had with people with schizophrenia all my life i know one things that for sure, they change, my schizophrenia cousin commited suicide because he hated the medication that he was prescribed. Before she gets worse can i get a lawyer to get her off the medication immediately??
Lawyer: Debra, Lawyer replied 5 months ago

Is she in the hospital now?

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Customer reply replied 5 months ago
She just got home from shores ontario yesterday
Lawyer: Debra, Lawyer replied 5 months ago

And is she an outpatient?

Who is her substitute decision maker if she is not competent to make decisions about treatment?

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Customer reply replied 5 months ago
She is no longer in treatment, she is home now, i am the substitute decision maker as i am her spouse
Lawyer: Debra, Lawyer replied 5 months ago

Did the doctor's at the hospital ask your consent before administering this medication?

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Customer reply replied 5 months ago
No they did not give consent, they took her away from us, and we lost her and never heard from her for about 2 to 3 weeks, they did not want to tell us(me and her parents)
Customer reply replied 5 months ago
Where she was
Lawyer: Debra, Lawyer replied 5 months ago

When someone is considered incompetent to give consent to treatment they look to a substitute decision maker.

Whom did the doctors consult with?

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Customer reply replied 5 months ago
I have a form from minister of health, form 42 mental health act
Customer reply replied 5 months ago
Physician Dorothy kuk
Lawyer: Debra, Lawyer replied 5 months ago
But who gave that Dr. consent?Was your spouse considered to be competent to make decisions about her treatment?Does your spouse want to be on this medication?Or was your spouse consider to be able to consent?Does your spouse want to be on this medication?
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Customer reply replied 5 months ago
Subsection 38.1 of the act applicatipn for psuchiatic assessment under section 15 or an order under section 32 of the act which states- the physician had certified that she has readonable cause to belive that she have: threatened or attempted to cause bodily harm to herself.
Which is not true as she claims
Customer reply replied 5 months ago
My common laws first language is inuktitut as she does not understand english very well, i had informed social services about this and recommended they use an interpreter, but they "believed that she understood well, they didnt take my consideration of using an interpretation
Lawyer: Debra, Lawyer replied 5 months ago
That section does not deal with treatment. It deals with involuntary admission to psychiatric facility.I provided you with a list of questions. Please read them and answer each one. I cannot provide you with a meaningful answer without having the answer to those specific questions.
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Customer reply replied 5 months ago
My common law says she doesnt like the medication and says it makes her feel weird
Customer reply replied 5 months ago
She doesnt want to be on the medication, she might have given consent with out her knowing she was giving consent ad she doesnt understand enlish very well
Customer reply replied 5 months ago
I do not know who gave the doctor consent
Customer reply replied 5 months ago
Do you think i have a case?
Lawyer: Debra, Lawyer replied 5 months ago
Let me explain the The law so you can understand it.There are two issues. The first is whether your spouse should have been admyit to the psychiatric facility. While you don’t think she should have been there were different psychiatrist who thought she should. She had the right to fight the admission but in any event it’s over.The other issue is treatment. This medication is a form of treatment. The law is that a patient, even a psychiatric patient, has to consent before treatment is administered. If it is considered that the patient is not competent to give their consent then the doctors have to go to the substitute decision-maker. The doctor cannot on their own decide to treat a patient. And, as I am trying to explain that does include medication.I don’t know why your spouse was released or how. It may be that one of the conditions of her release is that she consented to take this medication.If you are the substitute decision-maker you can state that you are not consenting to this treatment. If she is competent she can say she’s not consenting to the treatment.The only way that treatment can be enforced on a patient when the patient and the substitute decision maker refuse the treatment is by court order.I cannot know if you need a lawyer because you do not understand exactly what happened.It may make sense for you to consult with a lawyer so that the lawyer can assist you and figuring out what happened and what is necessary going forward.Does that help as a starting point?
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Lawyer: Debra, Lawyer replied 5 months ago

Please feel free to post back with any follow-up questions you may have. If you don't have any then I hope I have earned a 5 star rating but if you don't feel that I have please don't hesitate to reply back and let me know what more I can do to assist you. Finally, please know that even after you rate me I will be here for you and you can ask follow-up questions if you think of them later on at no further charge of course.

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Customer reply replied 5 months ago
What is your consideration for my issue? How can i get her off the medication?
Customer reply replied 5 months ago
Should i seek an attorney?
Lawyer: Debra, Lawyer replied 5 months ago

I don't know. I cannot know because you don't know how she is on it.

Did she agree? If so was this a condition of her release?

You have to find out what is going on.

It is possible that she can just go off the medication.

It is possible that so she can tell the doctor she wants to go off the medication.

It is possible that the doctor will decide she is not competent and you can decide about the medication.

You have to find out why she is on the medication, who consented, was this a condition of her release etc.

So yes I said you should get a lawyer so you can find out what is going on.

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Lawyer: Debra, Lawyer replied 4 months ago

Is there anything more I can help you with at this point in time?

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