QUESTION

My daughter is a heroin addict. We live in NJ. She is 28 years old but acts 14. She has legal problems.

Asked on Jun 23rd, 2013 on Guardianship and Conservatorship - New Jersey
More details to this question:
If she signs a power of attorney, can I commit her or force her to stay in a long term rehab program. She is not in her right mind and cannot handle her own affairs? is guardianship or conservatorship an option?
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1 ANSWER

Elder Law Attorney serving Toms River, NJ
Partner at Diana L. Anderson
2 Awards
If she signs a power of attorney, she can always revoke the power of attorney.  A guardianship is an option, but it would require two doctors to certify that she is legally incapacitated, meaning she is unable to govern herself and her own affairs.  If you became her court appointed guardian, you could force her to remain in rehab, she would not be able to sign herself out.  You need to consider how you would pay for the rehab, if she does not have insurance, and what happens if she finishes the rehab.  You can always "reverse" a guardianship - you can go back to court and have a doctor state there was a return to capacity and she can have her autonomy back.  Good luck.  
Answered on Jun 23rd, 2013 at 4:16 PM

Diana L. Anderson, Certified Elder Law Attorney This response is not legal advice and does not establish any form of attorney/client relationship

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