is there a law that protects mentally ill from being taken advantage of?
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is there a law that protects mentally ill from being taken advantage of?
I have a 18 year old son who is on SSI from a mental illness. I have a situation where my son has met a girfriendl and his family I believe is trying to take advantage of him. After seeing sexual comments. and the questions the parents are asking my son about his financial situation and future job plans, I am getting concerned. The girl and her mother was working my son into trying to get her to move in with him, shich my son lives with me because of his condition. The girl has made comments about trying to get pregant. It was explained to the mother that I would sue them for trying to take advantage of my mentally ill son. She advised my son that there is nothing I can do about it. Is there a law that can help protect my son?
Asked on October 23, 2016 under Personal Injury, Idaho
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
You son is an adult at age 18. That means that even if he has a mental illness, he is legally considered compentent to manage his own affairs and make his own decisions UNLESS and only if there has been an actual court determination that he is not competent and someone has been appointed his legal guardian.
If he is incompetent and has a legal guardian, that guardian can act to protect his finances and may be able to determine his living situation, since a legal guardian makes the decisions for an incompetent person, the same way parents make decisions for minors. But if the courts have not found him incompetent and appointed you his guardian, there is nothing you can do
If he does not have a guardian but you feel he needs one, speak with an attorney who handles cases involving guardianships (e.g. one who deals with the disabled) to see what would be involved.
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