Do Guardians Have a Say Over What Drugs Their Ward Receives?

  • May 1st, 2024
Q
Does a court-appointed legal guardian over an adult with mental illness have any say regarding the medications their ward is being treated with in a court-ordered hospitalization in a state hospital?
A

While the law depends on the state, in all likelihood the answer is yes. The guardian is supposed to be making all medical decisions for the ward. In some states, such as Massachusetts, any treatment plan involving anti-psychotic medications also needs the approval of the probate court. 

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Harry S. Margolis practices elder law, estate, and special needs planning in Boston and Wellesley, Massachusetts. He is the founder of ElderLawAnswers.com and answers consumer questions about estate planning issues here and at AskHarry.info.


Last Modified: 05/01/2024

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