How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ely Your Own Question
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 102523
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Type Your Family Law Question Here...
Ely is online now
A new question is answered every 9 seconds

23 year old niece is medically incapacitated after suicide

Customer Question

23 year old niece is medically incapacitated after suicide attempt and possible psychotic episode. She is a CA resident, incident occurred in AZ, but she was transferred to Las Vegas trauma hospital for care. She is unmarried, no children, and no power of attorney. Hospital is refusing to give information to her mother. If patient is incapable of participating in medical decisions, isn't the next of kin? Also, we are pursuing an emergency power of attorney under the circumstances, but in what state do we do that?
Submitted: 1 year ago.
Category: Family Law
Expert:  Ely replied 1 year ago.

Hello and welcome to JustAnswer. Please note:This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this situation. It sounds like she is likely being held on what is known as a "5150" - or a psychiatric hold. See HERE for an explanation about this.

If she is being held on a 5150, then there is no right to have information about her released to her next of kin (who would be her parents) unless she had a power of attorney that gives them decision making power in cases when she loses capacity.

The parents can however challenge the 5150 hold (she should already have an attorney appointed, and if she does not, one can retain one for her).

The 5150 hold is for 3 days at first, and may be extended for 14 additional days.

If she is being held in CA, then CA would be the state where this occurs.

I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.

Expert:  Ely replied 1 year ago.

Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question. I am simply touching base. Let me know. Thanks!