Denver, CO asked in Family Law for Colorado

Q: From Denver, CO; adult daughter: drug addict/mental health issues. need Court Order. Steps? Cost?

Tried to admit her to the hospital; Behavioral Health for evaluation but she refuses!! Told that I need to get a Court Order because she is an adult. She is seeing things; talking to someone that isn't there; acting like she's taking care of her kids which do not live with us. Yesterday stole her sister's (got it back); she came back to steal my car! I need to get her help and I also need to relieve my stress level due to an Aneurysm in my head. I need your assistance on how to acquire a Court Order. I am 65 years old, disabled (stroke); and she she's getting more aggressive. Please help.

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1 Lawyer Answer
Rebecca Pescador
Rebecca Pescador
  • Westminster, CO
  • Licensed in Colorado

A: I am very sorry that you are going through this.

It can be very difficult to acquire a court order over an adult. I'm not clear on what you want to accomplish with the court order. A guardianship would give you some authority over her, in terms of things like medical decisions and living arrangements. That requires being able to show the court not just that she is doing things that make no sense, but that she is unable to effectively make rational decisions to such a degree that prevents her from taking care of her physical health, safety or self-care, and that there is no less restrictive way to help her meet these basic needs.

It is also important to know though, that a guardianship order does not permit you to obtain hospital or institutional care or treatment for mental illness or substance abuse. If you are wanting an order so that you can get her into such care, there is really no way to accomplish that against her will.

If she is getting more aggressive and stealing things, you should seriously consider finding other help and keeping her away for your own health and safety. If she obtains a criminal conviction, she may be forced to undergo some treatment as part of her sentence. In that regard, some tough love turning her in for her illegal activities may do more to accomplish getting her the help she needs.

If you decide to pursue any of these options, you should definitely consult with an attorney and get some assistance.

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