Reply to Has anyone here allowed the state to take gaurdianship over a parent or sibling?

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Reply to "Has anyone here allowed the state to take gaurdianship over a parent or sibling?"

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[quote=Anonymous]

OP - We have a young adult daughter with a cognitive disability who lives with us and works part-time and has not special issues.  From what I know, I would suggest that you see a lawyer who knows your family situation and could help you get specific answers to question regarding MIL in the state in which she resides:

1- What government cash benefit(s) does she currently receive?
2- If she is not in the medical facility, which agency will assume primary control over her welfare in terms of where she would live?  Could a staff member also serve as her representative payee on benefits?
3- Since she is elderly, if she is released from the mental health care facility, is she likely to qualify for an adult home or nursing home placement?
4- What agency will be her primary mental health care provider since this is her major health issue? What services do they specifically provide to someone her age if she is released from institutional care and not needing nursing home care as yet, but something to do during the day?
5- Ask the local mental health agency, who is likely to be appointed her guardian if your husband is unable to do so?

a- [u]Guardianship i[/u]s control over decision-making of the person.  In MIL's case it would be a full-guardianship.  Where a guardian would likely come in is in dealing with any and all of MIL's possible care managers:  MH Services Care Coordinator, Social Worker Case Manager, Facility Contact Person etc.  Also you would need to get clear legal understanding as a Guardian of what you could and could not do in a sense to  help her out at times which could endanger her qualifying for her benefits.

b- [u]Conservatorship[/u] is control over the finances of a person.  ***However, if MIL only receives income based on her disability from either SSI or SSDI, then it is quite possible that she could get a Case Manager or Social Worker depending on who serves those with mental health issues in an agency where she lives to serve as her representative payee.  If she has no other assets, then from the SSI or SSDI, money would pay according to a government formula for her housing, food and basic living expenses.  This would most likely be in a congregate care setting either.  Medicaid/Medicare as she qualifies for both would pay for her health care including mental health services.  ** And whether she is in an institution or a nursing home, if she has not other assets, Medicaid would also pay for her long-term care.  So in that sense,you can probably get clear answers from your lawyer confirming you need not serve as even a representative payee.  [b]You want to avoid a Conservatorship because it is a pain in the butt with having to report once a year on all expense for the individual and not necessary if only getting the basic government benefits.[/b]

c- T[u]rustee if there is a Special Needs Trust[/u], it turns out that serving as a Trustee, you do have to report all funds used for the person's benefit yearly.  Like a gurdian, there are also rules and regs on what a person getting benefits can receive in terms of "cash" and this means even gift cards.    I just got an e newsletter today on the very topics and you may want to go to the group's web site as there are many relevant articles.

[b]he Voice is the e-mail newsletter of The Special Needs Alliance. at http://www.specialneedsalliance.org/.  The current newsletter is entitled:  Distributions from Special Needs Trusts:  In Kind Distributions, Credit Cards, Gift Cards, or Debit Cards - which seems to apply to anyone who might consider being a Guardian or Trustee of a SNT.[/b]

You and DH need to put the interests of your own family first, but to do so in good conscience the more information you can gather about what the options for MIL and her care are in the state in which she resides ought to help you weigh whether it could be done or not.  Also a Guardianship need not be viewed as a permanent decision.  We complete a yearly report form to the local Department of Social Services, but it is by no means a necessarily irrevocable decision.

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