two traumatic brain injuries (TBI) related to DUI aggressive behavior post TBI children in the home spouse unable to control TBI related behavior
This is a situation that is best reviewed by a local attorney. Many facts need to be reviewed and considered.
This is a truly devastating situation. However, your first obligation is the protection and safety of your children. So, you must act accordingly.
Get a lawyer to help you. I wish you and your family the best of luck.
I am sorry for your situation. Additional information would be helpful. If the TBI victim is the spouse of the resident of the home, this becomes a problematic situation ethically and legally. You do not indicate whether the individual is capable of self care or not. Whether he or she is cooperative or not. Recognizes the issues or not.
You need to consult with an attorney and a social worker with regard to placement. Most hospitals and transitional facilities have social workers on staff who can assist you.
Of course ones safety and children's safety is of most importance. If the individual is threat to himself or others I would recommend you contact the police who under California law can place a Welfare and Inst Code 5150 hold on him.
The information provided is for general informational purposes only and is not intended to be legal advice. I am only licensed in the State of California and I am not providing you with specific legal advice. The law changes frequently and varies from jurisdiction to jurisdiction. Being general in nature, the information provided may not apply to any specific factual and/or legal set of circumstances and/or the jurisdiction where you reside. No attorney-client relationship is formed nor should any such relationship be implied. The information provided is of a general nature is not intended to substitute for the advice of an attorney, especially an attorney licensed in your jurisdiction. Your question, although you may believe is simple, it is not simple. You require legal advice, please consult with a competent attorney licensed to practice in your jurisdiction.
Consult with a probate/trust lawyer about conservatorship. You dont say who the person is, but I assume it is a spouse and parent. if a child, a parent is legally responsible for the medical necessities of a minor child. A spouse is also liable for the necessaries of life of the other spouse. A famiily law atty should also be consulted. If the brain injury is related to an accident, an injury lawyer needs to be consulted.
There's nowhere near enough detail here to have any what's going on. Very tough to offer an opinion.
AS long as the injured person can be cared in the treatment center and the funds are available to pay for the center; the TBI patient should stay in the facility for everyone's safety.
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