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Attorney2, Attorney
Category: Legal
Satisfied Customers: 6881
Experience:  29 Years In General Practice,
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My husband is 84 years old, has dementia, recently has threatened

Customer Question

My husband is 84 years old, has dementia, recently has threatened suicide but never violent to me, I've been able to handle him in the past and calm him down,however, over the past weekend, more added stress, a death in the family he did become extremely agitated to the point I had to call 911. They took him to the local hospital, put him on a 72 hour hold then 2 days later transferred him to a mental facility 75 miles away from our home. After talking to the nurse and case worker everything sounded OK except he called me today and sound great, very lucid, speaking well he's hard of hearing but could hear me just fine he is very unhappy, says he's got nothing to eat or wear, can't sleep because of a room mate and wants to come home. My point being he is no longer on a 72 hour hold but is on a short term certification. Can I legally take him out of there and bring him home? He really has never been violent to me what can I do. I think I can take better care of him, they did not have my permission to put him there in the 1st place, because it is 75 miles away did not have a chance to check it out. What are may options?
Submitted: 2 years ago.
Category: Legal
Expert:  Attorney2 replied 2 years ago.
Welcome and thank you for your question. I will be the Attorney that will be assisting you.
The laws differ depending on the State. Which State is he located in?
Was this a court ordered 72 hour hold?
Customer: replied 2 years ago.
Expert:  Attorney2 replied 2 years ago.
Was the hold court ordered?
Customer: replied 2 years ago.
Not as far as I know when I called them (after speaking with my husband) I told them i was driving down there this afternoon to pick him up and they told me I can't because they have a "Short term certification" which means he has been evaluated and cannot leave until the determine he is no longer dangerous to himself or me
Expert:  Attorney2 replied 2 years ago.
Thank you for the clarification.
He is on "M1 hold" and unfortunately you cannot pick him up. What they are telling you about the certification is correct.
I am so sorry.
At this point he has been determined to be danger to self/and or others.
How many hours has he been held?
I know this must be very difficult for you,