Legal Question in Wills and Trusts in California
My father is suffering from a very sever form of depression. He refuses to eat or drink or get medical help. We have taken him to several doctors and even the ER but he refused to sign the consent form and the doctors refused to see him. What are my options? Can a Power of Attorney form be drawn without him signing it? He refuses to sign anything and so I don't think he will sign the POA but he needs psychiatric help. Please help. Thank you.
3 Answers from Attorneys
You probably need to seek a conservatorship, although there is no guaranty that the Court will grant one in this case. Conservatorships are generally for persons who are unable to care for themselves or their needs due to illness. Adults are free to refuse medical treatment. The question is whether his underlying depression is sufficient to justify imposing a conservatorship. You would need to meet with an attorney to discuss the facts in far more greater detail to get a really strong opinion about the likelihood that a conservatorship can be granted in this case.
I agree with Mr. Feldman that your only option is a conservatorship. There is no such thing as an involuntary POA. I disagree, however, with his assessment of your chances. If he is truly mentally ill and it is endangering his health, a conservatorship is quite appropriate.
Another though is if he is a danger to himself or others, there is a "5150 hold" which is involuntary 72 hold in a mental health care facility. Unfortunately, he does have the right to refuse treatment, food or liquids so until he is a danger to himself, absent a conservatorship, you are going to have to watch this sad play work its course.