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Jessica
Consultant
Debra, Expert
Debra, Expert
I know your question is important to you and I will be giving it the time and attention it deserves.
Sometimes responses and replies take time, so I ask you to be courteous and patient to allow me the time to type answers to you and also to others. At times I may even have to do some research.
I am sorry to hear of this difficult situation.
I've read your post so many times but I just don't understand. Please start over. Just take a few minutes and set out all of the facts please.Debra, Expert
Here is the answer to your query. Please do not hesitate to ask any follow up questions related to this response and know that I will respond as soon as I can.
Your parents could get your sister hospitalized involuntarily if they can prove that she is a danger to herself or others. But just because she is an addict doesn't mean the hospital will admit her against her will and in fact they will not. It's only when she's not competent to make decisions that they would do that. So taking drugs when she wants to and when she's mentally competent would not be considered grounds for admitting her to a psychiatric ward. She cannot be admitted to a rehab center involuntarily.
For your parents to be appointed as your sister's legal guardians they would have to prove that she's mentally incompetent to a court and then they could make decisions about her care and about her finances but being an addict does not mean that she's mentally incompetent unfortunately.
Your parents are stuck the way so many families are when they're addicts in their families.
Do you see what I mean?
Debra, Expert
If the police take her to a psychiatric facility then psychiatrists would assess her and if they concluded that her only issue is that she's an addict they will release her. They do not admit addicts involuntarily simply because they are addicts. This is true even though addiction kills people. That is how our legal system and our mental health system function.
Debra, Expert
Is there anything more I can help you with before I mark this question as complete?
Debra, Expert
Thank you for trusting us to help you here at JustAnswer. If you need more clarification or have a follow-up question just reply and we can continue our dialogue. If you would like to ask me new questions please start a new post and if you do if you say “This is only for Debra” I will be sure to give your post top priority.
Although I can’t always give good news, I am direct and do my best to simplify things for people to understand.
Thank you very much!
Best wishes,
Debra