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My Sister going from Rehab to Drug Court

MN_lawQ

Junior Member
#1
What is the name of your state (only U.S. law)? Minnesota

Could someone provide me with some information on the requirements for Drug Court?

My sister is due to leave a (forced) drug rehab center in a month or so and will be going to Drug Court.

She wants to stay at my father's house for this phase, but my father is not there - he is currently in a nursing home.

She says that staying at my fathers house is her only option and I don't believe that she is telling me the full truth - So I am reaching out on the internet to see if I can find some answers.

She has a history of relapsing with alcohol/drug use, theft and violence and so I am really not confident that staying in my father's house while no one else is there will be a good idea. Plus she has a violent Ex-boyfriend that stays in the area.
Any help is appreciated.

Thank you,
 
#2
Are you the one who gets to say? Do you have control of your father's affairs? Or is he in a nursing home for the long term?

It sounds extremely unlikely that staying in this house would be her only alternative. I might contact the court system, if I were the one who was obligated to make the decision. You don't want to set up a party house for your sister and her boyfriend to trash.
 

MN_lawQ

Junior Member
#4
Are you the one who gets to say? Do you have control of your father's affairs? Or is he in a nursing home for the long term?

It sounds extremely unlikely that staying in this house would be her only alternative. I might contact the court system, if I were the one who was obligated to make the decision. You don't want to set up a party house for your sister and her boyfriend to trash.
Yes, I am the POA for my father and he will be in the nursing home for at least the next 5-6 months recovering.

I agree, I think that if she stays there - it will turn into a crash house for all of her friends and she will fail drug court.
 

MN_lawQ

Junior Member
#5
What does you father think? Is he competent?
My father would do anything for her (which is part of the problem) but he is not able to stand, walk, or speak coherently yet.

I have POA and am taking care of all of his belongings and financials and live over 2 hours away from his house.
 

HRZ

Senior Member
#6
MY first suggestion would be IF yon have a DURABLE POA and dad is unable to act is to take massive steps to protect his property and assets by being used by anybody for anything not in his interest with particular care that others do not occupy the home and become tenants under local law or have opportunity to la waste to his assets. ....and ifnhis ability to manage his affairs is zippo, I would explore being appointed guardian as well.

MY second suggestion is be prepared to have dad appoint sis to be his POA and your role extinguished . DAd has a legal right to spend or use his assets as he sees fit for anything not illegal....and if he sees fit to enable,Sis ...so be it .

MY third suggestion is to take an aggressive view of your powers and peomptly engage as POA , counsel to help,protect dad's interests at least until,such time he is able to return home and act on his own behalf and to express the vacant nature of premises to Drug Court and Dads current inability to act...or whatever rocks he or she can drop into gears .
 

MN_lawQ

Junior Member
#7
MY first suggestion would be IF yon have a DURABLE POA and dad is unable to act is to take massive steps to protect his property and assets by being used by anybody for anything not in his interest with particular care that others do not occupy the home and become tenants under local law or have opportunity to la waste to his assets. ....and ifnhis ability to manage his affairs is zippo, I would explore being appointed guardian as well.

MY second suggestion is be prepared to have dad appoint sis to be his POA and your role extinguished . DAd has a legal right to spend or use his assets as he sees fit for anything not illegal....and if he sees fit to enable,Sis ...so be it .

MY third suggestion is to take an aggressive view of your powers and peomptly engage as POA , counsel to help,protect dad's interests at least until,such time he is able to return home and act on his own behalf and to express the vacant nature of premises to Drug Court and Dads current inability to act...or whatever rocks he or she can drop into gears .
Thank you for your advise, my other siblings and I have already secured his property and assets and we have the police monitoring his house - I will explore guardianship if his condition worsens.

Luckily my dad knows he was part of the problem (that he could never say no to her) so that is why he chose me to be his POA. Hopefully that doesn't change, but if he recovers enough to legally change his mind, I would be glad he was able to.

I did talk with the Drug Court administrator and she will be forwarding me all of the case details so I can help - as I don't want to abandon my sister but I also don't want to enable her.

Thanks everyone for all of your advice
 

Zigner

Senior Member
#8
Thank you for your advise, my other siblings and I have already secured his property and assets and we have the police monitoring his house - I will explore guardianship if his condition worsens.

Luckily my dad knows he was part of the problem (that he could never say no to her) so that is why he chose me to be his POA. Hopefully that doesn't change, but if he recovers enough to legally change his mind, I would be glad he was able to.

I did talk with the Drug Court administrator and she will be forwarding me all of the case details so I can help - as I don't want to abandon my sister but I also don't want to enable her.

Thanks everyone for all of your advice
If your dad is no longer legally competent, then your POA may no longer be valid.
 

HRZ

Senior Member
#9
hopefully it is. Durable ...but read it !

IF you wimp out and sis sneaks in ..she very quickly smells like a tenant and tenants have big piles of rights to stay put.
 

xylene

Senior Member
#10
Visit this website:

http://www.mncourts.gov/Help-Topics/Treatment-Courts.aspx

Click the tab - "County Specifc Court Information"

Select the applicable county.

Get the phone number and hopefully coordinator information and contact them - Treatment Court (drug court) want the input of family. You telling them this will not work, and the father is ill, is helping your sister succeed.