Legal Question in Civil Rights Law in California

violation of civil rights

My brother has anterograde amnesia as a result of a Herpes Encephalitis infection in 2000. Initially, his memory was about 5 minutes long and he had amnesia about events 15 years prior to his infection. He is now much improved; he remembers some events for months and even years, however there are some things he doesn't remember after several hours. He has been successfully living at home for 7 years. He is self directed, cooks, dresses, bathes, toilets, does odd jobs, mows the lawn, walks on trails and is socially correct. This past August, with no notice to the family, his wife, wanting to travel, dumped him in a rest home using a very basic medical power of attorney and she refuses to let him move into my home. We need someone who is well versed and experienced in the laws that protect the rights of the disabled particularly those who have suffered brain damage. Is there anyone out there who has expertise in brain damage, civil rights and advocacy? Can't he change his power of attorney, seek a divorce, and choose where he wants to live? His basic civil rights are being ignored, no worse than that, they are being blatantly violated. If you know of anyway to help me, please let me know. I don't know where to turn.


Asked on 11/10/07, 9:21 pm

2 Answers from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: violation of civil rights

Theoretically there is an Adult Protective Service in your county. You could also file for a conservatorship.

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Answered on 11/10/07, 9:28 pm
Terry A. Nelson Nelson & Lawless

Re: violation of civil rights

As long as he is 'competent', all he has to do is sign a new power of attorney to anyone he wants, and/or revoke the old one. If he is not competent, then he needs an 'conservator' appointed by the court.

More to the point, family members can no longer involuntarily commit anyone to psychiatric or other such facility, only the authorities can. So, if he is there without a court order, he can walk out.

He and the family need to consult with counsel and make some decisions. Feel free to contact me if serious about doing so and getting the legal help you need.

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Answered on 11/12/07, 2:43 pm


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