The Burden of a Guardianship Case

After a judge ruled that Linda Bishop did not meet the criteria for guardianship, she was within her rights to refuse treatment.

AIRED: 10/15/2018 | 00:01:38
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The burden in a guardianship case is quite heavy because of course, the guardian is taking over control of the person's economic situation and body.

Linda had an attorney, as she should have had, who advocated that in fact there was nothing wrong with her, she didn't need to be there at all.

And he put her on the stand and Linda had always been very articulate and she sounded incredibly logical and made a whole lot of sense.

If she had been on the stand for probably three minutes longer, she would have started talking about the Chinese mafia that was after her and all of the delusions that she had, but it never got that far.

Judge Hampe made a decision that she did not meet the criteria for guardianship, so at that point, you're at square one; she's in the state hospital, she has no guardian, so basically, she gets to make her own decision about her care.

And she didn't want care.

It's the issue of civil liberties - which is a very strong belief in the United States - nobody should ever have to take medicine if they don't want to take it.

This is a woman who should have been treated, but if she didn't think anything was wrong with her, why should she take medicine?