Legal Question in Family Law in North Carolina
I have guardianship of my adult son age 26 who is mentaly disabled he lives with me and I have cared for him since birth ,his mental illness requires meds daily an injections bi-weekly he is very easily persuaded to do things he shouldnt do by people who take advantage of his illness for their benifit,,I have a new male & female neighbors who are causing me great difficulty in getting my son to Dr's appts & getting him to take his meds,they want him to give them his meds & are telling him he needs to move in with them & that they will get his ssi check for him & take care of him, telling him he dosent need his meds, or need to go to Dr's. & they will give him all the marjuina he can smoke that will help him much better,making it sound really good to my son,theses people are drug users and are really giving me a hard time keeping my son stable,I have told them to not come back to my house & not to allow my son back at theirs, I was cursed & told there wasn't anything I could do about him coming to their house & he was welcome anytime & could move in with them if he wanted to..I need to know if there is any legal action I can take to keep theses people away from him,before my son ends up back in the hospital again or maybe something much worse,My son is Bi-polar,skitzo with developemental disorder,with an IQ of 55...thank you very much..Mom needs advice in N.C.
1 Answer from Attorneys
If you have been appointed as his gaurdian then you do ahve the right to control his personal relationships. Under the law, he would be considered unable to make these decisions for himself.
First, he should not have possession of his medication. If you are worried about his giving them to the neighbors you need to keep them safe and give the meds to him yourself. Second, because he has been declared incompetent and you are his gaurdian, he cannot legally decide where he wants to live or determine who his gaurdian and/or payee will be. He can't legally sign any forms to make any changes.
I wouldn't worry too much about changes being made unless allegations can be made that you are not taking care of him, are abusing him, or you are squandering his money. Even in that case, it is unlikely that neighbors with no lasting relationship with your son will appointed his gaurdians.
You should speak to your medical/mental health provider and explain your concerns with the neighbors and see if they have any practical advice and/or plans you can follow to solve your concers. People prey on the weak all of the time and I am sure they have dealt with this before with other patients.
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