What are criteria for establishing guardianship
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Thread Starter
Join Date: Nov 2009
Location: Osakis, MN
Posts: 12
What are criteria for establishing guardianship
My brother told his sponsor he intends to drink himself to death. I believe he will. He has shown that, left on his own, he will drink until somebody hauls him to the emergency room/detox. It seems like this must be evidence that he is incompetent to take care of his basic needs and is a danger to himself. Has anyone here tried to establish guardianship over an adult chronic alcoholic?
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Join Date: Jul 2006
Location: Saint Paul, MN
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In MN, this constitutes a threat of suicide.
You can call the police, who will then decide if he's a danger to himself, and may take him to the local residential mental health facility (usually attached to a hospital).
He can be placed on a mandatory 72 hr hold for evaluation. Upon evaluation, he can be held longer - depends on the treatment recommendation by the Drs. there.
You can call the police, who will then decide if he's a danger to himself, and may take him to the local residential mental health facility (usually attached to a hospital).
He can be placed on a mandatory 72 hr hold for evaluation. Upon evaluation, he can be held longer - depends on the treatment recommendation by the Drs. there.
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Thread Starter
Join Date: Nov 2009
Location: Osakis, MN
Posts: 12
So the sh is hitting the fan, I guess
My older sister called social services and left a voicemail message, indicating brother was out of control again and we wanted to know what are options are for getting him committed someplace. Minutes ago I got a call from angry brother at detox; he was scheduled to be released tonight, but social services has put a hold on him "at the family's request." He wanted to know if I was the one who called SS. I told him no, but I supported whoever did. He said he wants us to stay out of his life. I said okey-dokey and hung up.
Sis and I are a little surprised that social services took action without contacting us, but we'd rather have a live brother who hates us than a dead brother.
Sis and I are a little surprised that social services took action without contacting us, but we'd rather have a live brother who hates us than a dead brother.
I'm not touching the rest of this with a 10 foot pole, however.. to answer your first question.. you can petition the courts (probate section) for guardianship. It is a very important role to place yourself in, and comes with it a lot of responsibilities not only to the individual (because you now make his choices) but also the courts (who are there to make sure you're making the right choices). A judge typically then will assign a Guardian Ad Litem (an unbiased person, usually a lawyer) who would meet with your brother, observe, and recommend (or not) guardianship proceedings. This testimony will be used in front of a probate judge, who also takes considerable time investigating and deciding about competency. Your brother will have an opportunity to present his 'case', along with his guardian ad litem, and you will present yours. The judge will then make a decision about guardianship.
Adults have every right to make bad decisions. When they are unable to understand what a bad decision is, and this fact is what threatens their wellbeing, is when competence or lack thereof comes into question. This is most often seen in cases of severe mental retardation, or mental illness, and sometimes chronic disabling medical conditions such as coma.
Hope that answers what you were wondering.
Adults have every right to make bad decisions. When they are unable to understand what a bad decision is, and this fact is what threatens their wellbeing, is when competence or lack thereof comes into question. This is most often seen in cases of severe mental retardation, or mental illness, and sometimes chronic disabling medical conditions such as coma.
Hope that answers what you were wondering.
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