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In NC, if someone tries to commit suicide via gunshot to the head, can their son get power of attorney over them.

Greenville, NC |
Filed under: Divorce Civil rights

If the person's mom tried to commit suicide via a gun shot to the head due to an argument with a possessive boyfriend, can her son get power of attorney over her to make decisions to send her somewhere for mental help and also get a restraining order against the boyfriend who will not stop calling and trying to see her even though she wants to see him.

Attorney Answers 3


  1. You need to consult with a probate law attorney in your community as rules concerning conservatorship or guardianship over an adult vary by state. Based on your question, it would appear likely that filing for at least temporary guardianship over your mother would be a reasonable way to increase the likelihood that she gets the medical care that she needs, particularly if she has had a head injury or suffered a traumatic brain injury. A guardian/conservator might also be able to limit any contact between your mother and the boyfriend. This is a difficult situation. Good luck with this.

    This is not a substitute for a consultation with a probate or family law attorney in your community.


  2. No practical way to handle this without an attorney, but once the situation is brought before a judge it should be quite clear that your mother at minimum needs help managing her affairs. As well, power to order evaluation and possible follow-on treatment is needed.

    We do not have a client/attorney relationship until you make an appointment, we discuss your case face to face, I accept a retainer, and we explictly agree to enter into representation.


  3. If you can establish an actual suicide attempt, you can have her involuntarily committed. Thereafter, you can have someone appointed as a guardian to make decisions for her. This is a walk in the park for an experienced attorney. Hire someone if you are really interested in the best outcome for the person.

    The information provided by Attorney Matthew V. Silva is based upon the generic and ambiguous facts presented in short questions. Without a full consultation with an attorney, you should not rely upon any information presented in this forum. The intricate facts of every case are different. The information provided is not legal advice and should not be the basis of any decision without the actual guidance of an attorney. Further, any information provided by Attorney Matthew V. Silva should not be perceived as a willingness to represent you or actual representation. If you would like to speak with Attorney Matthew V. Silva, please call Silva and Sweet, PLLC at 910-333-9833 or visit www.silvaandsweet.com.

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