My brother is 38 years old, he is on disability. He is in and out of hospitals trying to get help for his drug addiction. He sleeps in the street under a bridge and can't. stay with any of the family because he takes what they have and pawns it. He is on medication for anxiety he's epileptic and has seizures. At times he says he doesn't want to be here anymore and life is not worth living.. we are so desperate to help him. He wants help but he is so addicted he cannot stop the drug.
If your brother has capacity, he would have to voluntarily sign a power of attorney form. Otherwise, your options are limited. Guardianship is only available if the person is incapacitated and a certificate of medical evaluation has to be submitted along with the petition for guardianship. So sorry for everything you are going through with your brother. Good luck to you.
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It's a tough situation without any easy answer.
A power of attorney (and a medical power of attorney) must be signed by the principal (your brother). Even if he were willing to sign powers of attorney, these documents are not always honored by others. By the way, if he is incapacitated, he cannot grant a power of attorney.
If he is a danger to himself or others, he can be involuntarily committed (someone must swear out a mental health warrant). However, if he knows the game (like most addicts), he can convince the doctors that he is fine and he will be released in short order.
If he is truly incapacitated, a guardianship can be established. This is an onerous and expensive legal proceeding. The guardian could be granted the right to force medical treatment...
People living on the street, who have been in and out of hospiitals and treatment centers, don't always cooperate with those who want to help them. Consider seeking your own help. You can go to an Al Anon meeting today. See http://texas-al-anon.org/sanantonio/san-antonio-area-meetings-east-dist-12-13/.
Sadly, the legal system often cannot fix these kinds of problems. I wish you well.
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I am so sorry. This is all too common. Some concepts you need to understand: Power of Attorney-this is voluntary so he would have to sign a power of attorney to you and he can revoke it at any time. This is not a solution. Guardianship-This is a court ordered situation. Someone applies to be appointed guardian over someone else. It takes away the Ward's rights to some extent. The applicant must prove that the proposed Ward is partially or completely incapacitated. Typically, drug addiction alone will not support a medical diagnosis of incapacity. In other words, a doctor will not determine that he is incapacitated based upon drug addiction alone. Bottom line is that the law still let's people make bad decisions and until he wants to rehab, very little you do or do not do legally will help him. Having gone through this with a very good friend I will say that the worst thing you can do is enable him by making it easy for him to stay addicted.
DISCLAIMER: This is not specific legal advice and does not establish an attorney/client relationship.
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