Legal Question in Medical Malpractice in Virginia
Hospitalized Parents
My Stepdad had an anorism & 2 brain surgeries 3 weeks ago. My mother had a nervous breakdown last week & was committed.
Step Brother got power of attorney over stepdad. & now wants to kick me out of the house thats empty because moms in the hospital and they really want the family Mansion. Mom & Stepdad both trust me to watch the house & both, I know would think this is wrong to kick me out. Infact, Yesterday, they demanded access to my moms locked closets. Claiming that they heard she does drugs. Insane, They are trying to keep her committed & kick me out. They want to come back with a locksmith and search her room for illegals, for what, to send her to jail after she gets out of the hospital. The step kids are rich. I don't want to let them search the house or move untill I have mom home. I need to get her out of the mental clinic. She is more healthy than I have ever seen her. So I know they have no reason to keep her period. Need her home. Otherwise me moving out here to go to college & start over my life. That chance is over w/out mom. She is a 6 time world champion. Strong & very saner than she was the month before. She looks like she got hit with a miracle. help me get my mom home she pays well
1 Answer from Attorneys
Re: Hospitalized Parents
Assuming that your mother has been involuntarily committed as a short term patient to the local psych ward, if she's now recovered to a calmer state as you claim, you should be speaking with her caseworker and treating psychiatrist(if she has one)regarding the now reasonable prospect of having her released into your care so that she may be returned to her home. (As long as your mother no longer represents a danger to herself and/or others and her mental condition has ameliorated to the point as to permit that condition to come about, then there should no longer be any valid legal reason to continue to detain her under Title 37 of the Code of Virginia and she should be released.)
As to whether your step-brother has a plenary power under the POA he received from your step-father and consequently the authority to eject you from the family home, would likely depend upon the nature and scope of the POA which he was given and the ownership rights/claims to
the home which his father may be able to legitimately assert (or not) in this matter.
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