Expert: Joyce A. Anthony - 2/18/2011

Question
so my gf has some depression and anxiety issues...here parents both have mental health issues the mom has been diagnosed with multiple personalities. her parents recently have started forcing the 19 yr old girl on some pretty heavy bipolar medications...she has been told without taking it she will b kicked out of the house and theyll either put her in a group home or shelter...i believe she does not need this medication and was only offered after a short 4 day evaluation by a psych ward...is it legal for the parents to be forcing this medication on her under these circumstances? the mom is legally insane and collects disabilities...she also forces her two youngest children on bipolar meds they are 8 and 12 but does not take her own prescribed antipsychotic medication....is this legal? my gf is in alot of trouble here and needs a place to live...theyre basically holding her inability to finish highschool over her head as a way to force her into living at home and taking these meds...id like to help her but im just curious if there is any precedent here.

Answer
Hello, Joseph.  First, I want to apologize for how long my answer took.  I had some family issues that kept me away from the computer. The answer to your girlfriend's issue depends on whether or not her parents are considered her guardians because she has been legally declared incompetent.  If there was no legal ruling on this, then that means they can't force her to take medication--but they can legally tell her she has to leave the house if she doesn't.  As long as they are paying rent/mortgage, or own the home, it is their right to either require their daughter do what needs to be done in order to stay healthy.  She doesn't have to comply, but she is choosing to leave then if that is the rules.  As for the younger children, as long as a doctor has prescribed the medication, the mother can actually get into legal trouble if she doesn't give it to them.  As they are underage, they do have to take it.  Your girlfriend has a choice--take her medicine and have a home with them or not take her medication and find another place to live.  At nineteen years old, she is legally an adult.
                                Joyce A. Anthony