Legal Question in Family Law in Pennsylvania

competency, parental rights over an adult child

I have a friend who is 21 years old. She has an eating disorder but her parents believe it is a drug dependency problem. She is getting help for her disorder. She is no longer living in their home and has no financial ties to them to speak of. But her parents have threatened her, primarily to commit her, but also other general threats. Do her parents have any legal rights to controlling her? What would they need to do or prove to declare her incapable of decision-making? How could they force her into ''treatment'' or hospitalization? Does she have any rights or protections for herself? Should she consider a restraining order or is there another legal way of protecting her rights?


Asked on 2/28/06, 2:13 pm

1 Answer from Attorneys
John Davidson Law Office of John A. Davidson

Re: competency, parental rights over an adult child

Under the law the lost their rights to control her the day she turned 18.

They have no more "rights" to force her into treatment than I would have to force you to seek treatment. In plain English none.

The only way they could force anyone into treatment is if a court found she was a danger to herself or others. To do that they would have to prove that by a preponderance of the evidence she indeed was a danger to herself or others.

It would require them to get one or more doctors to swear to it. They'd also have to pony up the money to file a petition not to mention the legal and expert witness fees. Its not a cheap or easy task the burden of proof would be on the parent's not your friend.

The fact that they are her parent's is not relevant.

If you have further questions feel free to contact me. The initial consultation is free.

{John}

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Answered on 2/28/06, 2:26 pm


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