Can I Remove the Facebook Account of a Friend or Family Member Who’s Medically Incapacitated?

  1. Estate Planning
  2. Powers of Attorney
  3. Can I Remove the Facebook Account of a Friend or Family Member Who’s Medically Incapacitated?
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There are a couple of potential Facebook issues regarding someone who is sick or medically or mentally incapacitated. The first is removing someone who is irreversibly unable to maintain their account.  The second deals with having a post(s) removed that encroaches upon a debilitated person’s privacy.

Incapacity

It is important to note that the incapacitated condition must be of a nature that is not going to change. A person with a temporary condition does not apply. Someone who is in prison or rehab does not qualify. Inappropriate messages, photos, videos, etc. represent content that can be reported to Facebook by anyone.

A legal guardian or legal representative of a terminally disabled person can petition to have Facebook.  Facebook typically responds by removing the page.  If a child, under the age of 13, is in this situation, there is an easy solution.  Facebook requires members to be at least 13 years of age. If this applies to you, as guardian report the age of the user and Facebook should remove the account.  A user who is of age and not permanently incapacitated has complete control and privacy of their account.

If an incapacitated loved one is having their privacy or other rights interrupted by another Facebook user, then you should report the post to Facebook.  If this option is not acted upon or is not available, then legal action may be warranted.

Other Social Platforms

This blog deals with Facebook only.  Other social media platforms have their own policies and procedures for dealing with this and other issues. If one gets lost in what to do King Law is the place to turn.

How King Law Can Help You

King Law is a full-service law firm with an outstanding team of legal professionals. Our staff works diligently, creatively, and compassionately on behalf of our clients daily.  If you have a Facebook issue that you can’t resolve, such as removing a person from Facebook who is incapacitated, you can turn to our firm for legal assistance.  King Law serves the Upstate of South Carolina and Western North Carolina.  Call 888-748-KING (5464) today to set up a consultation.  You can also visit our website to complete a consultation request form.

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