Q: How can I legally protect my 44-year-old son with TBI from coercion by family?

A: Your situation involves complex issues of adult guardianship and medical decision-making rights. In California, you should consider petitioning for conservatorship of your son, which would grant you legal authority over his personal care, medical decisions, and possibly financial matters. This legal arrangement acknowledges that your son lacks capacity to make informed decisions due to his TBI and early-stage dementia, and would prevent unauthorized medical administration by your mother and sister.

Documentation is crucial to building your case, so maintain detailed records of all incidents of coercion, unauthorized medication administration, and any observed decline in your son's condition. Request copies of all medical records and document your previous attempts to engage protective services. You may need to file for emergency temporary conservatorship if you believe your son faces immediate danger, which can be granted more quickly while the full conservatorship petition is processed.

Working with an attorney experienced in elder law and conservatorship matters will significantly strengthen your position, as these proceedings involve complex procedural requirements and court appearances. The court will likely appoint an investigator to evaluate your son's situation and may require medical evidence of his cognitive impairment, so gathering neurological assessments documenting the TBI and dementia diagnosis will bolster your petition. Remember that California courts prioritize the protected person's best interests and will consider the least restrictive means of protection, so be prepared to demonstrate why conservatorship is necessary given your son's specific vulnerabilities.