How can I get emergency guardianship of my adult son who has a mental illness?
1 answer
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Last updated: Oct 17, 2011
Q
Our son is young adult with schizophrenia. He suffers severe delusions and has been hospitalized numerous times in the past year.Would a guardianship help me help preserve his rights when he disagrees with taking harsh drugs? What are the risks and benefits of guardianship in such a case?
A
Barbara Repa, a Caring.com senior editor, is an attorney, a journalist specializing in aging issues, and the author of WillMaker, software enabling consumers to...
46% helpful
As noted below, there are advantages and disadvantages to setting up a conservatorship, but in your son’s case, it might provide the best protection against medical treatment that you feel may be overzealous.
The advantages include that a guardianship:
- Lets family members know that someone is making decisions
- Gives clear legal authority to deal with third parties, and
- Provides a process to have a judge approve major decisions.
The disadvantages of a guardianship include that it is:
- Costly to set up, requiring a lawyer, legal papers, and a court hearing
- Time-consuming, including extensive ongoing paperwork
- Can be humiliating for a parent who is still somewhat capable, and
- Can be emotionally difficult if family members disagree about who should be conservator.
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