united-states criminal-law medical family-law new-jersey
Giving somebody medicine against their will
<p>Consider the case where an adult son is caring for his parent with dementia. The parent is considered legally competent and has been prescribed certain drugs by the parent's doctor.</p>
<p>The patient takes the medicine for a while and then refuses the medicine. Would it be legal for the son to sneak the medicine into the patient's food in violation of the patient's wishes?</p>
<p>Note: I am in the United States</p>

<p>There are no specific laws tailored to this scenario, but one might derive an answer from more general laws, in particular battery laws. In the US, <a href="https://jaapl.org/content/40/2/239" rel="nofollow noreferrer">it is reported</a> that there are (as of 21012) no court ruling on the practice of covert medication, and no statutes. However, there are general medico-legal doctrines, informed consent
(e.g. Salgo v. Leland Stanford University, Natanson v. Kline etc.) and the right to refuse medication (Superintendent of Belchertown State School v. Saikewicz, Sell v. US). However these doctrines are based on doctor-patient relations (would be applicable to medical staff sneaking drugs into a patient's food and drink), and have not been applied to family-member care-givers. There is legal risk when a person has not been adjudicated to be incompetent, since this is technically assault.</p>
