Can a hospital not transfer family to another hospital, and place them on a hold because I will not sign detain & treat form?

Hello, I am the LPS Conservator for my younger sibling who is currently in the emergency room at Southern California Hospital (SCH) in Culver City CA. I presented my LPS Conservator documents to the staff this morning at 9:00 AM. My family member was transferred to SCH from a San Fernando Valley nursing home yesterday after I request them to send my sibling to Harbor UCLA Medical Center or College Medical Center. Last night, I informed the staff at SCH that I would like my family member to be transfer to Harbor UCLA Medical Center, and they refused to comply. I refused to sign the detain and treat form. The social work mentioned today that because I refused to sign the detain and treat form my sibling is on a hold, but she did state what type of hold.

Nathan’s Answer

Your sibling may be on an involuntary psychiatric hold for 72 hours. You do not state why they were admitted to the ER, but if they mentioned they'd like to commit suicide, for example, then a determination may have been made that your sibling is a danger to themselves, to others, or are gravely disabled, meaning they cannot take care of themselves in the necessary manner regarding food, shelter, etc. Try to make contact with a patient's right advocate if one exists at the facility you are at now. Also, if you feel the commitment is unlawful, there is a certification hearing after the 3 day period, and there are opportunities to file a writ in the superior court to help release your sibling. However, if there is genuine medical concern, it may be in your sibling's best interest to receive treatment.

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