Old 01-30-2011, 05:34 PM
  # 65 (permalink)  
anaserene
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Join Date: Jan 2011
Posts: 76
Originally Posted by redbud View Post
I'm still here!!
I've been researching the NC guardianship laws...thank you for sharing your expertise! It seems to be a process, and not a quick and easy thing to do, but is still an option. It seems it could be costly?

My husband got back from his trip a little bit ago (yeah!). Have only spoken briefly, but both agree that something has to give...sooner rather than later. He said he's too tired and drained to have a big talk tonight, and wants us to be well prepared.

My son is ademant that he his not going to the VA appts. tomorrow. He was up all night again, and all day. Does anyone have any suggestions to help get him to the VA, short of a court order??
Study as much as possible on the subject, and file pro se (i.e. yourself). You can also call the police and ask them about how you can have him involuntarily committed. The standard is going to be whether he is a danger to himself or others, and if you have reasonable belief that he is, the police may be able to take him into custody and bring him to a psychiatric ward for a 72 hour evaluation, assuming that is what is proper under NC law.

I did a little research on NC's involuntary commitment laws, and for the hospital to determine that he needs inpatient commitment, the team will have to find that he is "mentally ill and dangerous to self or others." NC statutory definitions:

“Dangerous to self”. Within the relevant past: (a) the individual has acted in such a way as to show: (1) that he would be unable without care, supervision, and the continued assistance of others not otherwise available, to exercise self-control, judgment, and discretion in the conduct of his daily responsibilities and social relations or to satisfy his need for nourishment, personal or medical care, shelter, or self-protection and safety; and (2) that there is a reasonable probability of his suffering serious physical debilitation within the near future unless adequate treatment is given. A showing of behavior that is grossly irrational, of actions that the individual is unable to control, of behavior that is grossly inappropriate to the situation, or of other evidence of severely impaired insight and judgment shall create a prima facie inference that the individual is unable to care for himself; or (b) the individual has attempted suicide or threatened suicide and that there is a reasonable probability of suicide unless adequate treatment is given; or (c) the individual has mutilated himself or attempted to mutilate himself and that there is a reasonable probability of serious self-mutilation unless adequate treatment is given. NOTE: Previous episodes of dangerousness to self, when applicable, may be considered when determining reasonable probability of physical debilitation, suicide, or self-mutilation.
“Dangerous to others”. Within the relevant past, the individual has inflicted or attempted to inflict or threatened to inflict serious bodily harm on another, or has acted in such a way as to create a substantial risk of serious bodily harm to another, or has engaged in extreme destruction of property; and that there is a reasonable probability that this conduct will be repeated. Previous episodes of dangerousness to others, when applicable, may be considered when determining reasonable probability of future dangerous conduct.
“Mental illness:. (a) when applied to an adult, an illness which so lessens the capacity of the individual to use self-control, judgment, and discretion in the conduct of his affairs and social relations as to make it necessary or advisable for him to be under treatment, care, supervision, guidance or control; and (b) when applied to a minor, a mental condition, other than mental retardation alone, that so lessens or impairs the youth’s capacity to exercise age adequate self-control and judgment in
the conduct of his activities and social relationships so that he is in need of treatment.
“Substance abuser”. An individual who engages in the pathological use or abuse of alcohol or other drugs in a way or to a degree that produces an impairment in personal, social, or occupational functioning. Substance abuse may include a pattern of tolerance and withdrawal.
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