Results 1 to 5 of 5
  1. #1

    Default Parent's Legal Right to 21 Year Old Son's Mental Health Records

    My question involves public health law in the State of:

    I have a friend who's son was taken to the hospital with mental health tendencies. The hospital did as much as they could and served the parents with papers from the Sheriff's office stating that her son needed to be evaluated by a psychiatrist and a hearing scheduled with a judge and public defender to determine if competent enough to handle his own affairs and if any improvement in care or if need to be admitted to mental hospital. Her son is now being evaluated by a Recovery Center and having an assessment done. The Recovery Center is advising my friend that she has no legal rights to her son's medical care and information since he is 21 year old adult. Is there anything she's able to do to obtain his mental records to stay up on his care. Retain a Lawyer perhaps?

  2. #2
    Join Date
    Jan 2006
    Posts
    38,728

    Default Re: Parent's Legal Right to 21 Year Old Son's Mental Health Records

    If you are speaking of records after they became an adult, unless you are the guardian for some reason or have a courts order in hand, you have no right to his records.

  3. #3
    Join Date
    Jan 2010
    Location
    New Jersey
    Posts
    3,627

    Default Re: Parent's Legal Right to 21 Year Old Son's Mental Health Records

    If the son is mentally unstable, mom would have to hire a lawyer and file for custodial guardianship.
    I'm not a lawyer, but I did stay at a Holiday Inn Express last night.......

  4. #4
    Join Date
    Jan 2006
    Posts
    38,728

    Default Re: Parent's Legal Right to 21 Year Old Son's Mental Health Records

    Quote Quoting Who'sThatGuy
    View Post
    If the son is mentally unstable, mom would have to hire a lawyer and file for custodial guardianship.
    custodial guardian? not necessarily but other than that picky point, you are saying that she needs to either be a guardian or have a courts order in hand if I understand what you are saying.

    but another picky point; she would not have to hire an attorney necessarily.

    and unstable itself may not allow for a guardianship. It generally requires mental incapacity to care for one's own needs.



    oh never mind;

    she needs to either be a guardian which would give her the authority or a court's order for some other reason specifically giving her the authority to obtain the records.

  5. #5

    Default Re: Parent's Legal Right to 21 Year Old Son's Mental Health Records

    Thank You for the response. Very Helpful. I'll relay to my friend.

    - - - Updated - - -

    Thank You for the response. Very Helpful. I'll relay to my friend.

    1. Sponsored Links
       

Similar Threads

  1. Modification of Custody: Challenging the Mental Health of the Other Parent in a Custody Case
    By 4503255 in forum Child Custody, Support and Visitation
    Replies: 15
    Last Post: 01-22-2014, 05:58 AM
  2. Medical Records: Can You Compel a Mental Health Care Provider to Destroy Your Records
    By BLIND JUSTICE in forum Public Health and Welfare
    Replies: 19
    Last Post: 12-10-2013, 05:05 AM
  3. Pretrial Procedure: Can I Request for My Lawyer to See the Defendants Mental Health Records
    By Sandy80 in forum Criminal Procedure
    Replies: 1
    Last Post: 10-19-2012, 09:10 PM
  4. Custody and Visitation Issues: Father Requesting Full Custody of 14 Year Old Son; Mother Disabled for Mental Health
    By Chris706 in forum Child Custody, Support and Visitation
    Replies: 2
    Last Post: 10-07-2011, 04:51 AM
  5. Mental Health: Mental Health Records Access
    By drewzzma in forum Public Health and Welfare
    Replies: 2
    Last Post: 01-27-2008, 07:06 PM
 
 
Sponsored Links

Legal Help, Information and Resources