Legal Question in Family Law in Maryland
Parental responsibility between 18 and 21
What exactly is a parent's legal responsiblity of a child who is older than 18 but younger than 21? Specifically if the child is refusing doctor recommended hospitalization. What rammifications can come back on the parents of the child? The child in this case is still a dependent of the parents and lives at home.
2 Answers from Attorneys
Re: Parental responsibility between 18 and 21
I'll assume the adolescent is a student and that's why you carry him as a dependent. I'll assume YOU want him hospitalized. The short answer, you have no legal responsibility for him but neither can you control his life without his consent. At most you would be an "interested person or party" who could appear before a judicial tribunal and apply for an appointment as guardian with power to have him commited, but you would have to prove he is a danger to himself or that he is incompetent to make his own decisions,even though he is an adult. You may have a MORAL obligation because he is your offspring, but that is not equivalent to a LEGAL obligation.There are many other ramifications, I can think of a number of them, assuming further, he is a "threat" and you have prior knowledge. But that's another complicated issue.Good luck in handling this situation.
Re: Parental responsibility between 18 and 21
Unless the child aged 18 or more is disabled and unable to make decisions for himself, a parent has no legal responsibility. The child is an adult, and can make his own decisions about health care. If he is mentally incompetent to make his own decisions, a parent might file a petition for guardianship and, if guardianship is granted, the parent will then be empowered to make the decisions regarding hospitalization. If the adult child objects, there may be a hearing to determine if the child is a danger to himself or others, in which case he may be institutionalized against his will.