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Lies to institutionalize someone?

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Lies to institutionalize someone?

Postby Gaslight » Tue Jan 31, 2017 11:18 am

Good morning to all. I been keeping up with this site for a while and have decided to register.

I have a simple question, so Im not going to write a WOT or an essay.

In simple words, can someone be institutionalized or commited LONG TERM, which means years or posibly life in the United States by a figure who is not family? In other words no power of attorney, which from what I gathered according to this state yes but would only be temp 72 hours.

Let me explain, SWIM lives with a drug addict and im not talking petty things like cannabis which may I add has now been proven medicine in more then half USA states. Im talking very illegal hard drugs.

This drug adict themselves is also a tortured soul with a condition, but the drugs exaberate it, this person never got help nor wanted it and has been to rehab but still hops on the "comfort" train of its drugs

Now stuck in the middle is SWIM and his mother.... SWIM suspects the drug addict which may I add nothing can be done ironically such as forced rehab, SWIM on the other hand can be kept for a week or two in a hospital just for trolling or bluffing a "suicide attempt" which is a travesty.

Now SWIM suspects this drug addict just to get rid of SWIM is planning on institutionalizing SWIM when SWIMS mother is not around anymore since the mother has power of attorney and technically is only one that can do it.

Thing is SWIM was eavesdropping one day on the drug addict and heard the exact words "we found out how to put him away" SWIM is horrified and feels like he is on death row. Doesnt know what to do, we have been investigating the requierments for this, seems like long term can only be done if a crime is commited and "not guilty by reason of insanity" is given. Anything else would be temp 3 days or a week or two. BUT SWIM would have to be considered a danger to self or others. Which SWIM is not.

SO yet again, would it be possible for this drug addict to have their way somehow? IS THERE ANY POSSIBLE LOOPHOLE that out of spite and no wanting SWIM to live with them falsely commit them long term to a state institution? Because technically it would be false incarceration.

SWIM does have a "history" of being temp hospitalized, takes meds but lets not get into it, all I can tell you is there is no basis to institutionalize, SWIM is no threat, in fact the threat is the drug addict to his well being.

Can someone plz answer me this question? Posibly that knows the exact laws
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Re: Lies to institutionalize someone?

Postby realityhere » Wed Feb 01, 2017 6:53 pm

As long as SWIM's mother is still alive and remains his durable/medical power of attorney, drug addict has no control over SWIM's health cares issues and cannot institutionalize him. The mother should have a conservatorship plan established whereby upon her death, that a trusted person or lawyer can be named to insure SWIM's health care and a safe living situation. If you're a concerned relative or family friend, you may want to bring up whether or not SWIM's mother has a plan B for her son in the event of her death.

Just out of curiosity, but if the drug addict is not family, then why is this person living with SWIM and his mother?
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