September 29, 2016

Asked 9/23/2016 – Teague, TX

My dad is 64, in hospice for liver failure due to lifelong alcoholism, his mind is not right. His hired caregiver is buying him alcohol. Is this considered abuse?

Answer

The key question is the mental competency of your father. If “his mind is not right” means he is no longer mentally competent, you should obtain a court order declaring same. Once you are declared guardian of your father and you give his caregiver specific instruction not to give him alcohol, then it probably would be abuse if alcohol were subsequently provided. If, by “his mind is not right”, you mean your father makes bad decisions but is still mentally competent, he is an adult who can take responsibility for his actions.

About the author 

Grant St. Jullian III

Bachelor of Science in Chemical Engineering – 1979 Univ. of Pennsylvania
Doctor of Jurisprudence 1982 University of Texas @ Austin
Licensed by the Supreme Court of Texas since 1982.

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