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What steps do I take to protect my 38 yr old brother as a Mental Health patient, and from his attorney who put him there.

Valley Center, CA |

My brothers attorney testified against him and placed him in a mental institution. My brother is begging for my help to get him out or transfered because he is being mistreated in the institution. His attorney found out I was trying to help him, and blocked all possibilities of power of attorney for my brother. My brother said he doesn't work for him anymore. The attorney told my mother about a year ago if we didn't give him money he would put my brother away so we would never find him. The attorney has nearly blocked all access to my brother who is heavily medicated and can not make clear decisions against his will according to his letters. My brother is being abused at this facility and needs my help. What can I do? Where should I start as a patient care advocate?

Attorney Answers 2


Hire counsel. If any of this is true, you are up against a determined foe. You can use AVVO search to find an attorney in your locale.

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.

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This is a little confusing, and I can't help but believe there is more to the story. Why would a court permit your brother's attorney testify against him, did your brother do something? How did this attorney get such control over your brother? Is there any chance the attorney was assigned by the court?

In any event, if you want to have more access to your brother and more control over his treatment, you should hire and attorney to explore your options.

I am licensed in New Mexico and Pennsylvania, and therefore any discussion of issues related to other states must considered within that context. In addition, my comments are not intended to create a legal representation but merely to respond to the limited facts presented by the question. Any opinion herein is not meant as a precise statement of legal rights or as a recommendation of any particular course of action. A more complete legal review can be obtained through local counsel.

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