Legal Question in Family Law in Utah

Having An ADHD Child of 18 Declared Incompetent

I have an 19-year old daughter who has been diagnosed with severe ADHD, conduct disorder & oppositional defiant disorder; six months ago, she moved out. We have tried to help her via counseling and medication since she was 10, but she repeatedly ''spins out of control.'' She grossly lacks judgment; has had numerous auto accidents; last month cost us $400 in moving violations; can't remember counseling appts., medications; just rear-ended a couple in Las Vegas a week ago, we are waiting to be sued for whiplash. With her history, from ages 18-25 she has a high risk of developing bipolar disorder and we are concerned that she may have anti-social personality disorder, for which she will need assessment; have a high incidence, documentable family history of all disorders above. She is cohabitating with a 27-year old man who is unaware or slightly aware of her problems. We fear she may become pregnant; she is not capable of caring for a child, or for making the decision to have an abortion and then for caring for herself afterward in any case. What legal steps must be taken to have her declared incompetent, then placed in a protective situation where she can receive long-term therapy? Approximate cost? -''Beside Themselves Parents''


Asked on 8/04/05, 2:17 am

1 Answer from Attorneys
Alvin Lundgren Alvin R. Lundgren, L.C.

Re: Having An ADHD Child of 18 Declared Incompetent

Regretfully there is little you can do without her cooperation. The test for civil competency is very low - meaning the most marginal of people are often found competent. You may attempt getting a 72 hour psychiatric (lockup) evaluation - but since she is in Nevada you would have to go there. If she cooperated, then you might have some luck. However, as you know she is competent enought to function on some level. I suggest that you remove her from your insurance, and refuse to pay any more of her debts. Your helping her without her returning a commitment accompanied by actions to get treatment is simply enabling her disfunctionality. She is probably adept at manipulation as well. You have a difficult situation for which the law is not well equipped to assist you.

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Answered on 8/04/05, 11:12 am


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