Legal Question in Family Law in Massachusetts

Concerning drug abuse

You need to file an action in probate court. If you want to discuss options or representation, contact me.

Re: Concerning drug abuse

YOu should obtain skilled representation in your local area. Drug abuse is not alon sufficient to obtain contested guardianship over an adult. You need substantial evidence, inclduing a medical certificate, of incompetency. You may need to take initial steps, such as seeking to have her examined as a threat to herself or others.

The difficulties in this area are the reason for the strategy of "interventions" often employed in such cases. A group can often get someone to take one small step that the courts cannot mandate.

Probate law is not ideally equipped in this instance, due to the threshholds for demonstrating incompetency. You may have to apply some "tough love," such as seeking her arrest on charges; the criminal system has some access to programs. Unfortunately, it is difficult to obtain drug addiction treatment against the desires of the addicted party; the compulsion available under probation is sometimes the only available tool.

THere are no glib or easy answers.