What can I do?

jakop92 · #1 09-23-2008, 09:14 PM

What is the name of your state (only U.S. law)? California

Now I am not sure if I am posting in the right section, but here it goes.
My brother has recently started acting funny. We are led to believe he might have schizophrenia, so we finally decided to take him to have a psychiatric evaluation. Now.. we strongly oppose having him hospitalized for our own reasons.

Take in mind my brother is harmless. He has difficulty communicating, but is able to function. He is not violent or anything harmful. Doctor classified him as a 'harm to himself/others' for whatever apparent reason (they say they just want to hold him in because they are afraid he will get worse). They have him on a 72 hr hold and I don't know what else they want to do. If he does not improve in those hours they can hold him in more. And it's ridiculous because the doctor does not know anything of his lifestyle. He has difficulty speaking and they are holding him responsible with the power to decide.

What can I do about this? They basically told him that unless my brother speaks his mind, we have no power over it. I would like to get out of this ASAP. We don't mind if we could be at the hospital 24/7 but they do not allow that. Or if we could just work with him little by little with the help of doctors.

ecmst12 · #2 09-23-2008, 09:29 PM

If he has schizophrenia, then the hospital is probably where he needs to be. If he is an adult and has not been declared legally incompetent by a judge, then you can't make decisions for him. If you want to have that done, speak to a lawyer.

jakop92 · #3 09-23-2008, 09:36 PM

We have personal reasons to why we don't want him to be alone at a hospital. Most of the time he does not speak his mind (especially to strangers), so it's really hard to know what they might do to him without us knowing. We don't object hospitalization, but we want to be there 24/7. They are refusing to let us do that, and want to send him to a hospital a couple hours away.

So is there anything I can do,besides having him legally declared incompetent (how long on average does this process take, and then are we in charge to make the decisions?)?

ecmst12 · #4 09-23-2008, 09:40 PM

IS he legally incompetent?

It takes longer then 72 hours.

jakop92 · #5 09-23-2008, 09:45 PM

No he is not legally incompetent. Not yet. We will get on it. Are there any other options?

ecmst12 · #6 09-23-2008, 09:56 PM

If he's not legally incompetent, then you won't be able to have a judge declare you (or anyone else) his legal guardian. He can make his own decisions. They can keep him for 72 hours and it's probably best for him. After that, it's up to HIM where he goes.

lya · #7 09-23-2008, 11:17 PM

I think the fact that the OP and family want to stay with the patient 24/7 is a clear validation that the patient poses a danger to himself and others. Danger does not equal homicidal ideation; it equals behaviors that have strong potential to lead to harm to self and/or others. Inability to communicate is a danger to self and others, especially when the patient has behaviors that led to the family's seeking treatment for the patient.

It can't be both ways. Either the family can treat the patient or the physicians can treat the patient.

Maybe after the patient has been evaluated and a treatment/behavior management program can be developed and the family can participate as part of the team.

It remains that only the patient can make decisions about his care or the need for legal representation.

Rather than have the patient declared incompetent, the patient may choose to create a power of attorney that is active and in force for all future medical treatment. An attorney will be able to create such a document.

jakop92 · #8 09-24-2008, 12:14 AM

We want to be there with him 24/7 because we are very worried and we are afraid of what they might do to him. We just want to be there to help him make the right decision and to know what drugs they might try to give him. He has a hard time responding, especially to strangers. I have been around my brother in this situation to understand what he is trying to get across. But doctors don't know what I do and probably don't have enough patience to wait for an answer.

lealea1005 · #9 09-24-2008, 07:24 AM

Quote:

Originally Posted by jakop92

We want to be there with him 24/7 because we are very worried and we are afraid of what they might do to him. We just want to be there to help him make the right decision and to know what drugs they might try to give him. He has a hard time responding, especially to strangers. I have been around my brother in this situation to understand what he is trying to get across. But doctors don't know what I do and probably don't have enough patience to wait for an answer.

What, exactly, do you think they'll do to him? It will still be difficult to fully evaluate him in only 72 hours. The facility they want to send him to may be a diagnostic unit that can fully evaluate and initiate the proper treatment/therapy.

What is your previous experience with Psych units that causes you to be so distrustful?

jakop92 · #10 09-24-2008, 10:48 AM

I am not sure what they will do. I had a relative which they were supposed to 'help improve'. In the end they kept him in the ward and he turned into a complete vegetable.