Legal Question in DUI Law in Nebraska


I need to know how to petetion treatment for alcoholic brother who is dangerous to himself and lives with 82 year old mother?

Asked on 1/17/08, 11:11 pm

2 Answers from Attorneys

David Tarvi n Tarvin Law Office

Re: petion

If you believe your mother is in danger living with him, then file a petition for guardianship. The guardian, once appointed, can have your brother removed from the home or, if it's his home, move your mother to her own place.

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Answered on 1/30/08, 9:11 am
JAY Nixon nixon law offices

Mental Commitment Due to Alcoholism

I could not advise you without representing you and conducting a full investigation. Of course, any time that there is a truly life threatening emergency, one�s first call should be to 911. Otherwise, one might begin by having his or her attorney contact the local Human Services or Social Services Department in your county. Unless you can get them interested, the commitment is not likely to go very far. There is a procedure in Chapter 51 for concerned parties or family members to petition the court, but your odds of success without agency support are rather low. This is particularly true because they (your local 51.42 Board) will end up paying the medical expenses if the person is indigent and uninsured. Treating anyone for drug or alcohol problems who is not prepared to acknowledge their problem and accept treatment is difficult, if not impossible, because there are few (if any) locked facilities in this state�the person can generally walk out against medical advice. Jail and prison settings are among the few exceptions to this rule�many of them have �in house� treatment programs for their inmates. Most jails also have medical staff available who will oversee detoxification of new inmates if they show signs of withdrawal symptoms sufficiently severe to produce medical distress. Unfortunately, for many alcoholics and addicts, the only sobriety ever achieved is during periods of incarceration.

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Answered on 1/19/08, 3:53 pm

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