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Ability to commit a person against their will for drug rehab

My sister has a very serious prescription drug dependency.  She also has other mental health problems.  She has overdosed 4 times and each occurrence could have resulted in her death if she hadn't been found in time.  

Our family has pressured her to get help, but she claims that she doesn't have a problem with drugs.  She argued this point in the hospital after each overdose.  Under family pressure, she has gone to 3 different hospitals (one was a rehab center, the other two were mental health facilities), but only stayed for a very short time, refusing extended treatment.

We're becoming desperate.  She badly needs help, and our question is:  How can we force her to get help?  Is it possible to get her committed to a rehab center for an extended period of time?  We realize that the individual has certain rights, but we fully expect her to overdose and kill herself unless she is forced to get proper help.  

Can you give us any guidance?  Thanks you very much.

40 Responses
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Avatar universal
Hi,
Addiction is a horrible disease. With experience an addict will not stop drugs for no one for any reason whatsoever. The addict as to want to stop the drugs. You can do the Baker's Act, you can get two family signatures and put them in the hospital for a short minute there's a few things people can do. But what it all boils down to the individual when they want to stop. My baby sister passed away. My baby brother passed away from drugs they were drug addicts they didn't want to quit so now they leave so many behind to remember how it used to be when they were here on Earth. Just remember it's not you, it's the addict it's the disease. They have to want to stop and if they don't they won't. Until they're ready they won't do it, it just is what it is. I've seen so much in my lifetime with drugs that it's unreal. Just remember it's not your fault. It's a disease and when they're ready to quit and get clean and live a good life they will. But until then they just won't.
It's like a toddler having a temper tantrum  and they run around the room and you just can't control them at that moment, that's exactly what it's like. Just let them run around until they just get tuckered out and then maybe they'll change their lives before it's too late. But only the drug addict can fight back  God bless all.  I hope I didn't come across cold-hearted, I just hope I didn't. I'm just talking from experience because I've lost so many family members and Friends it's just how it is.
Sending prayers.
Helpful - 0
Avatar universal
Im sorry for what youre going through im going through the same thing with my daughter and im also looking for help im desprate and dont know how to help my daughter if you found help yet please let me know so i could also help my daughter god forbit before its to late thank you so much may god help us
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Avatar universal
I live in Iowa. 3 years ago we had my sister committed for drug use. She had had her children removed ( I had her oldest for 18 months) and was a spiraling out of control! My father and I went to the court house and were able to fill out a form requesting she be committed because she was, by her drug use, a danger to herself. The first time they let her out in 3 days, and required her to undergo out patient treatment. When she failed that, they picked her back up and held her for 5 days. Luckily, she made the eventual decision to get clean! Prayers to everyone dealing with this! People who don't experience it first hand have NO IDEA the pain and stress and heartbreak that having a family member use causes!
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1530493 tn?1410056636
Wanted to say hi to you.
I'm the mom of a recovering heroin addict.  
It's a very tough emotional Rollercoaster.
Could you tell us more about your daughter, and where her addiction stands ?
also,  how are you doing ?
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Avatar universal
This I agree on wholeheartedly and is how I treat my daughter.  It makes it hard a lot though with her temper tantrums and accusing me of a falsehood constantly out of the blue.  I love her so much and feel her pain.  What can I do?
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Avatar universal
My nephew is now 18 years of age. We live in Texas and I was reading about the Baker act. My nephew started using drugs when he was 16 thanks to his dad who encouraged him to sell and use. But besides that point my mom and I are very worried about him he lives out on the street now and use any kind of drugs he can get his hands on. He overdose once that I know of and I nor my mom want 's to see him dead. I know there has to be something we can do to get him help !!! He also suffers from ADHD bad . His mother doesn't want him around but I don't want to see him dead. What can I do?
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Avatar universal
I live in California and have a 24 yr daughter that is abusing meth. In November of 2014 she jumped through a glass window of a second story home. She almost killed herself with the glass or falling on the head. The police took her to the hospital for an evaluation and was released the next day.

However in December she tried to open the door to my car on the freeway because in her mind the car was on fire (thank god I sat in the back with her and helped her not open the door).

In May of this year I rushed her to emergency because she had a headache and could not stop vomitting becuase I'm not sure what or how much drugs she consumed I took her to ER. The diagnosis was meth abuse and dehyration.

I really want to help her go to rehab but she is refusing and I cannot rhrow her out of my home. Does anyone know how I can make her get help against her will. She does not think clearly I was to take care of her but she is making so sad to watch her throw her life away or get hurt.Help

I
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Avatar universal
I dont know u but i am a recovering addict also and just felt the need to let u know I know how hard it is keep up the awesome work great job
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Avatar universal
There is a picture of jesus holding the heroin addict and putting the needle in his own arm rather than the addict.. I have an 18 year old who refuses treatment.. I am praying so hard for the Lord to help him..My ex husband and I are afraid that one day he is going to die from drugs..so he wants to get him mandated..I am so scared to go to court to plead with a judge..i dont know what to do..he is the sweetest kindest smartest person but I know he is hurting so much over our divorce and his dad up and leaving when he was 14 years old...Should I have him mandated.. he was on the streets for two days and I took him back in..It breaks my heart to kick him out..he is getting up for work every day..He will not submit to drug tests any more...Help!!! Any advise??
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Avatar universal
This is 14 years old. Try a new thread
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Avatar universal
My brother is ow admitting to the addiction when before he wouldnt ,,he would get mad and say he wasent and that we were accusing him of somethng he wasent doing ,,when as he was saying those words we could see that he was intoxicated ,,,but now he says he want the help ....is that a good sign ???
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1831920 tn?1320857757
Do you have a question or need help with something?  Not sure I understand what you wrote.
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Avatar universal
I think we has the loved one of an Addict and to be honest I hate that word, but we should be able to do something to help our loved one even if it means destroying our relationship, because it is already being destroyed the drug user or drinker. There for what more can we do to help them and help ourselves at the same time, because these deceases are not only killing them it is us and the relationship that we have. It's hard for me to say that with me being a First Responder in Ontario, Canada.
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Avatar universal
Kara, thank you for sharing your story. You are very brave and I admire your strength. My brother has been addicted to crack cocaine for about 25 years and in and out of prison during much of that time (he's 48 currently). My sister (one year older) seems to have developed a drug problem about 18 months ago (that's when it became obvious at least). I'm not sure what she is addicted to but it seems something incredibly powerful and its literally wasting her away. We were always super close, but have drifted apart during this time.  I think that once I started seeing signs of her addiction 18 months ago, I closed down/pulled away.  I never rejected her and have reached out, but felt I needed to put up a wall because I feel that my whole life I have always tried to fix things in my family and constantly feel the pressure to be the one who fixes things.  Anyway, I think this has hurt hear and she tells everybody that I'm a big reason for all her current problems.  Our father is currently in end of life care and I'm trying to reach out to both my brother and sister during this time, but also making sure I don't get puled in to something I can't handle or will overwhelm me.  In any case, your posting helped to give me perspective and recognize that I can't help them unless they want the help.  In fact, just today I told each one how much I love them, but I'm not sure they heard it or were ready to hear it.  They both worry about each other (even though they don't have much of a relationship).  I worry about them, but I keep reminding myself that All I can do is love them and try to support them.  It's hard but your posting gave me so much strength and assurance.  Thank you and congratulations on your sober life.  I wish you continued successes and happiness.
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Avatar universal
In Florida, besides the Baker Act, there is a more applicable law called the Marchman Act. Look it up and read the requirements. This is a more realistic law dealing specifically with addition rather than mental instability. Good luck to you all.
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Avatar universal
I have an Aunt who has some mental problems as well as drugs and acohol. She has over dosed three times in the last six months. Twice in the last month. She is currently in ICU and the last time she almost did not make it. My grandmother is almost eighty years old and has to deal with this on a daily basis. My aunts father my grandpa committed suicide when she was just a baby. The mental illness runs in the family. I really hope they keep her this time she is going to kill my grandma if she keeps this up. I know she really needs the help I just hope this time they will do something about it.
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Avatar universal
My 23 year old son is addicted to Methadone and Oxy's or any pain meds he can get his hands on. He wanted help. On the days he didn't have it, he became suicidal. Talking about killing himself everyday! I contacted a Methadone Clinic a month ago to get him help. He was put on Suboxin to ween him off the pain meds. He was doing great for a couple of weeks. ..then a week ago he decided to go to a local bar with his buddies, was up dancing with a girl when some guy hit him over the head with a beer mug, knocking him out. Then a second guy hit him AFTER that and broke his jaw and nose. He was put on pain medication for this when they put six staples in his head and wired his jaw shut. The perscription was not strong enough for him which resulted in him finding his own on the streets and he is now back to abusing them! This is very hard on me and my family. He is hard to deal with.
I know now that looking back that I was one of those enabling parents that just wanted to help him get thru this. I didn't want him to die. He overdosed on methadone a couple of years ago and I found him just in time. They said another hour or so...he wouldn't have made it. I have asked God to help him get thru this. He tells me he wants to get back on the Suboxin (which is so expensive) but it is still cheaper than the money he spends on these other drugs! I had my son commited to a mental health institute because he was threatening suicide. He was on so many pain meds that night and was driving. I called the police on him to find him and take him to get him help. They were running his license plate and looking for him. When my daughter and I found out where he was..we set him up to be pulled over with another guy when he left with him. This was a very hard thing to do but it's called "tough love"! They kept him for 4 days to get him detoxed then let him out.
The cops told me that I could write a letter to the judge and have the judge order him to rehab. I know he is having pain from his broken jaw. I know he needs  something but I told him today that he needs to get back on the Suboxin or we are going to have to do something differernt. Of course he didn't want to hear that but I am at my wits end. I hate going to his room everyday to make sure he is still breathing!
I do not recommend that anyone be put on Methadone unless they have an addiction to Heroine. Too many kids are dying from this drug and these idiots that are getting them...sell them for $5 or more each! They don't care that kids are dying...as long as they make their money! It is a very hard drug to get off of too! Dr's are giving them to people with back pain! That's crazy! I really think that we should be able to ....as family...do more to get a family member help!
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Avatar universal
Hi, I live in Tennessee and my best friend from Florida called me this past Saturday to tell me she wanted to get out of FL and come up here and get back on her feet.  She's been homeless off and on for the past year, she's been on oxy's for almost four years and just continues to go further and further downhill.  When she reached out to me for help to get clean I thought she had hit a bottom and was ready to accept help. So, I dropped everything I was doing and drove down there to bring her back.  I really had no clue how to deal with this kind of thing, even though I am a recovered alcoholic/drug addict myself, I've never dealt with anything like this drug before.  I had set everything up for her to get into an outpatient treatment center to help her with this demon.  But, once she started to go through withdrawals she started talking differently about going back and getting help on her own.  I had a nagging fear that she just wanted to get back where she could get access to drugs and feel 'better' again.  She got on a bus and went back the next day.  Soon after that I began to question things she had told me and realized that she had indeed tricked me so she could go back.  I haven't heard from her and I have no idea when I will.  I feel completely helpless.  I wondered if there was a way to have her committed to an inpatient rehab center, but after reading all of your comments it seems that that's not an option.  Any advice you have would be greatly appreciated.  
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1406964 tn?1283203866
Your daughter is an addict and addiction is a disease.

She isn't selfish or self-centred, addicts lie, cheat and steal due to the effects of the drugs and the nature of the illness. It's also very unlikely that her background or upbringing had anything to do with this.

She does need help, but 'putting her away' is draconian and will solve nothing.

You won't be able to help her unless you can force yourself to be non-judgemental (you have to forget about blaming her, selfishness, silver spoon etc), and you need to put away your anger.

You cannot help her until she accepts that she has a problem. Attempts to pressure her, force her or threaten her will have exactly the opposite effect to the one you want.

You can help by supporting her, accepting her (warts and all), and explaining that you are always there for her and willing to listen. If you are truly willing to listen, she may then start talking to you about her problem.

You could also leave your computer on Medhelp, preferably on a posting about a success story. Ask if she wants to look at the site. she may say no at first but she'll almost certainly become curious.

Imagine yourself in your daughters shoes... she will have zero self esteem (covered up by the effects of the drugs), she will feel worthless, full of fear for the future, she probably feels unloved and now thinks she is a criminal.

Trust me, she needs tender handling right now.

Take care

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Avatar universal
my daughter has been busted for prescrip drug sales,needles have been found in my moms car and house.~she's been in and out of jail, she has neglected her daughters(thank god 4 their greatgrandmother and father) she has stolen vast sums of money including stealin my moms credit card,borrowing money from family and friends, constantly lieing to people about supposed illnesses she has that she needs money for meds ,she has disappeared for months at a time.
this is a gal who grew up with the proverbial silver spoon, always being given what she wants ,never wanting for anything but yet as an adult she has turned out to be so selfish and self centered.I dont know if this is a cry 4 attention or is she truly screwed up and needs to be put away before she hurts herself or someone else,
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Avatar universal
Yes it is an old post but there are others out there today who are surfing and reading and looking for advice in a same situation.
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271792 tn?1334979657
Hi ojaysmom,

Welcome to the community. It would be nice to hear a bit more about your son and see how the members here can help.

First, this post is 10 years old and what happens is that it will return rather quickly to archives if someone does not see it and I don't want to see that happen. So, go to the top of this page and hit the green "Post A Question" button. It is easy to follow the instructions. Give us some more information and I am sure you will get lots of support.

Hope to see you out there. If you need help, just ask.
Helpful - 0
Avatar universal
Please say prayers for my son. He is on med for herion, but now seriously abusing cocaine. I keep trying to talk to him but nothing is working.  I feel only God can intervine. I need help
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Avatar universal
I have been dealing with my brother's addiction since he was 12.
For 8 painfull years I have been trying to keep him alive. He's young, talented, bright young men, but unfortunatelly there is nothing my family and i were able to change in this tragedy.
I have learned to cope, with the fact that one day he might not be around. I stlii shiver though when i think of that dreaded phone call that I might get in the middle of a night with police asking me to ID his body. It is lot harder to help my Mother and my Grandparents to let him go, since they always give him money and shelter, and by doing so, they cause more harm then good.
He is using our love, and help to support his habbit.
As far as the legal system goes... We could not keep him forcebly in a rehab when he was a minor, since we did not have medical insurance, as an adult it is even more pointless trying to gain temp. guardianship. The truth is sad, but after spending tremendous time and money to get the case in court, the judje is very unlikelly to grant anyone control of an adult. My brother had a dx. of bipolar disorder, and the judje still denied me a guardianship. To all of suffering familles out there, I would like to say:
Keep on pushing the legal system, and perhaps there will be a loop found.
Do not get your hopes up though, becouse they will be shatterd.
As far as my brother goes, he was at some of the most impressive programs, got some of the best help, and he took 250$ out of my grandmother's purse today.
I remember the day when my Mom brought him home from the hospital the day he was born. I rememberwhat a proud BIG sister i was, and how much we loved each other. My brother was loast to drugs 8 years ago, and the addict that lives in his body right now, only cares about feeding his hunger. He does not love me, care about me, but most importantly about HIMSELF.
I hope that my little Peter will come back to me some day. I will not give up waiting for him, and loving him more then I love myself. i will not ever accept any of his collect phone calls anymore, or give him 5$ for "McDonalds".
It is exteramly hard for me to think of a possibility that perhaps he is indeed really in need of food. But this is what i have to do.
Tough Love is lot more difficult to practice, then to allow an addict to take advantage of their family's.
I pray every night. Mostly for my Mother and Grandmother though.
Peter is happy just getting high.
I will pray for all of the one's trying to save their loved ones. They are the one's trully suffering.
PS It is almost a copout to say that addiction is a disease.
Cancer is becouse it is not self inflicted. It's a cripeling dissability caused by bad CHOISES.
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