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Guardianship over adult anorexic? Help!

Discussion in 'Other Family Law Matters' started by NFMetz, Nov 19, 2006.

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  1. NFMetz

    NFMetz Law Topic Starter New Member

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    Looking for some advice...

    An adult member of our family is suffering from a 20-year-long severe case of anorexia nervosa (and also suffering from the many mental diseases that come along with it). Every time she blacks out or has a minor mental breakdown due to her not eating anything but her psych meds, we call 911 and the paramedics come and give her fluids and then take her to the local emergency room. After about 4-5 hours of emergency care, when it comes time to admit her into a locked-down psych ward, the hospital asks HER for her signature to admit herself, because she is no longer a minor and in their definition "no longer an immediate threat to herself" thereby nullfying the need to admit her under the state law "5150." She will never admit herself, and so we end up leaving the hospital, just to return in a week or two to go through the same process all over again.

    We are now looking to see if there is any case precedents set where an adult with a combination of a severe eating disorder and mental illness can be declared legally incompetent and placed under guardianship of her mother or her brother, so that we can admit her into the eating disorder clinic and get her the medical treatment that she desperately needs but won't get for herself.

    She may not be holding a gun to her head, but not eating is killing her just as effectively.

    Your advice is most appreciated.

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