Under what circumstances can a person admit someone to a mental hospital? 6 Answers as of April 29, 2014

My boyfriend's mother is legally bipolar. She is trying to control her 24 year old son's life. She will not let him make any of his own choices and even tries to tell him when and what he can eat on a daily basis. My boyfriend does have a very very mild case of Asperger Syndrome and it just makes him a little shy. She won't even let him try to get his own job or anything. Last night she was threatening to hit him and said that she is going to admit him to a mental hospital. This morning she told him she has plans for him on Monday but won't tell him what they are. We fear she is going to take him to a mental hospital. My question is can she even admit him with out his permission? Please help.

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Law Offices of Helene Ellenbogen, P.S.H | Helene Ellenbogen
If he is a competent adult, he is free to move out and does not have to put up with his mother. A person can't just be admitted to a mental hospital unless the person shows signs of a problem requiring hospitalization. If your boyfriend is a functional adult, he needs to start acting like one and get out of his mother's house.
Answer Applies to: Washington
Replied: 4/29/2014
Provda Law Firm
Provda Law Firm | Bruce Provda
No not unless she can prove that he is a danger to himself or others.
Answer Applies to: New York
Replied: 4/29/2014
Law Office of Linda K. Frieder
Law Office of Linda K. Frieder | Linda K. Frieder, Esq.
A person can be legally held involuntarily for 72 hours under a 5150 hold. The person making the determination must be a clinician or a qualified officer. The person to be held must be a danger to himself or to others and or is gravely disabled. Unless he falls into one of these categories, he cannot be involuntarily detained. Read California welfare and institutions code 5150, 5151 and 5250. This will fill in the gaps.
Answer Applies to: California
Replied: 4/29/2014
Peters Law, PLLC
Peters Law, PLLC | Mark T. Peters, Sr.
She can ask for him to be held on a psych hold if he is a danger to himself and others. However, the real problem is that a highly functional 24-year old is letting his mother control his life. If he cannot move out and make his own way, then there is nothing you can do for him.
Answer Applies to: Idaho
Replied: 4/29/2014
John Russo | John Russo
No not unless she has a legal court ordered guardianship over him. By the way what is legally bipolar?
Answer Applies to: Rhode Island
Replied: 4/29/2014
    Smith Law | Sharon K Smith
    If he is legally competent, then he will have to sign for the admission himself. The only way to admit someone under a 302 to a mental ward is if they are a danger to themselves or others.
    Answer Applies to: Pennsylvania
    Replied: 4/29/2014
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