Re: Supporting our family members

[Guest guest]

Sara,

At the conference my friends and I had attended will I understand

about the guardianship needed in situations like on what you had

mentioned but many are not being told when applying certain treatments

that are part of the IPP, something like this.

What is the point of the Guardianship if the group homes and state

schools are just going to do what they want.

At the conference it was mentioned that the DOP will not be

recognized, can you believe that? That is here in Texas for now verses

other states as told.

I do have this on the back burner to pursue this route with the

Guardianship but with all the changes going on, it is protecting

the best I can when funds are also available.

So my mission now is seeking a pro-bone attorney to assist other

families who are less fortunate due to every time you turn around it

is money for Special Needs Trust Funds, wills, therapies, dietary

needs, meds, supplements, etc.

The Thank you note was nice and Elie is fortunate to where he is at

and very content being in an inclusive setting. This is due to you

being pretty proactive. Thank God for Elie able to work over those

hurdles of challenges needed and for people in his life right now.

Prayers that this will continue as he sounds very happy living

independently the best possible way. Always a mission accomplished

with what you have shared.

Irma,20,DS/ASD

>

> I was SHOCKED to receive a THANK YOU note from ELie's new support

> coordinator because we " took the time " to come to Elie's house to

meet him

> and meet with him!

>

> The very thought that because my son is no longer living at home

means that

> I am abdicating as his mother is something I have to really think about.

> (Not that I am abdicating, but the thinking that I am). I am no

longer his

> day to day caregiver, but I am certainly involved in his care and

his life

> and his everything. He is still my son.

>

> HAving said that, I can understand that group homes have a different

view.

> My firend who has a 26 yo son with TBI from birth and autistic behaviors

> with explosive behavior disosrder has decided that her son would benefit

> more from living in a group hoome sittuation with 24/7 staff and three

> residents. She was told point blank that she cannot have a say in

his doc,

> meds, diet. Need I say she is appalled and taking this to the state

level

> for adjudication. She is her son's legal guardian andhas no plans

for his

> doc's changing nor his medications.

>

>

>

>

>

>

> --

> Sara - Life is a journey- we choose the path.

>

>

>

[Guest guest]

> So my mission now is seeking a pro-bone attorney

LOL, you like? Seems like every post has a lot of typos but this one,

pro-bone, my goodness, meant pro-bono.

See butterfingers here. ; )

Irma

[Guest guest]

I too am worried about interventions over which I will have no control.

Right now, we have a DPOA. Guardianship we have not done because I do not

want to stop Elie from voting or doing other age appropriate things which

guardianship in this state will entail. If he wants to marry (right now he

doesn't even know what that means!) I would want to be involved, and help to

arrange his care, but I don't think I would stop him.

Right now - and I emphasize that- he takes NO meds, he has a doc who is

holistic, so I don't have that worry. But time will tell.

And we still have not set up a Special needs trust due to the costs

involved. But we are getting closer. We have re-written our wills to have

one established at our death if we have not already done so!

> Sara,

>

> At the conference my friends and I had attended will I understand

> about the guardianship needed in situations like on what you had

> mentioned but many are not being told when applying certain treatments

> that are part of the IPP, something like this.

> What is the point of the Guardianship if the group homes and state

> schools are just going to do what they want.

> At the conference it was mentioned that the DOP will not be

> recognized, can you believe that? That is here in Texas for now verses

> other states as told.

> I do have this on the back burner to pursue this route with the

> Guardianship but with all the changes going on, it is protecting

> the best I can when funds are also available.

> So my mission now is seeking a pro-bone attorney to assist other

> families who are less fortunate due to every time you turn around it

> is money for Special Needs Trust Funds, wills, therapies, dietary

> needs, meds, supplements, etc.

>

> The Thank you note was nice and Elie is fortunate to where he is at

> and very content being in an inclusive setting. This is due to you

> being pretty proactive. Thank God for Elie able to work over those

> hurdles of challenges needed and for people in his life right now.

> Prayers that this will continue as he sounds very happy living

> independently the best possible way. Always a mission accomplished

> with what you have shared.

>

> Irma,20,DS/ASD

>

>

>

> >

> > I was SHOCKED to receive a THANK YOU note from ELie's new support

> > coordinator because we " took the time " to come to Elie's house to

> meet him

> > and meet with him!

> >

> > The very thought that because my son is no longer living at home

> means that

> > I am abdicating as his mother is something I have to really think about.

> > (Not that I am abdicating, but the thinking that I am). I am no

> longer his

> > day to day caregiver, but I am certainly involved in his care and

> his life

> > and his everything. He is still my son.

> >

> > HAving said that, I can understand that group homes have a different

> view.

> > My firend who has a 26 yo son with TBI from birth and autistic behaviors

> > with explosive behavior disosrder has decided that her son would benefit

> > more from living in a group hoome sittuation with 24/7 staff and three

> > residents. She was told point blank that she cannot have a say in

> his doc,

> > meds, diet. Need I say she is appalled and taking this to the state

> level

> > for adjudication. She is her son's legal guardian andhas no plans

> for his

> > doc's changing nor his medications.

> >

> >

> >

> >

> >

> >

> > --

> > Sara - Life is a journey- we choose the path.

> >

> >

> >

[Guest guest]

Hi Irma,

I urge you to file something to protect . I like pro-bone. Must I remind

you that you live in the " Good Ole Boy " state, very dangerous politics regarding

people with disabilities.

Charlyne

Subject: Re: Supporting our family members

To:

Date: Sunday, November 2, 2008, 11:22 AM

Sara,

At the conference my friends and I had attended will I understand

about the guardianship needed in situations like on what you had

mentioned but many are not being told when applying certain treatments

that are part of the IPP, something like this.

What is the point of the Guardianship if the group homes and state

schools are just going to do what they want.

At the conference it was mentioned that the DOP will not be

recognized, can you believe that? That is here in Texas for now verses

other states as told.

I do have this on the back burner to pursue this route with the

Guardianship but with all the changes going on, it is protecting

the best I can when funds are also available.

So my mission now is seeking a pro-bone attorney to assist other

families who are less fortunate due to every time you turn around it

is money for Special Needs Trust Funds, wills, therapies, dietary

needs, meds, supplements, etc.

The Thank you note was nice and Elie is fortunate to where he is at

and very content being in an inclusive setting. This is due to you

being pretty proactive. Thank God for Elie able to work over those

hurdles of challenges needed and for people in his life right now.

Prayers that this will continue as he sounds very happy living

independently the best possible way. Always a mission accomplished

with what you have shared.

Irma,20, DS/ASD

>

> I was SHOCKED to receive a THANK YOU note from ELie's new support

> coordinator because we " took the time " to come to Elie's house to

meet him

> and meet with him!

>

> The very thought that because my son is no longer living at home

means that

> I am abdicating as his mother is something I have to really think about.

> (Not that I am abdicating, but the thinking that I am). I am no

longer his

> day to day caregiver, but I am certainly involved in his care and

his life

> and his everything. He is still my son.

>

> HAving said that, I can understand that group homes have a different

view.

> My firend who has a 26 yo son with TBI from birth and autistic behaviors

> with explosive behavior disosrder has decided that her son would benefit

> more from living in a group hoome sittuation with 24/7 staff and three

> residents. She was told point blank that she cannot have a say in

his doc,

> meds, diet. Need I say she is appalled and taking this to the state

level

> for adjudication. She is her son's legal guardian andhas no plans

for his

> doc's changing nor his medications.

>

>

>

>

>

>

> --

> Sara - Life is a journey- we choose the path.

>

>

>

[Guest guest]

>

> Hi Irma,

> I urge you to file something to protect . I like pro-bone.

Must I remind you that you live in the " Good Ole Boy " state, very

dangerous politics regarding people with disabilities.

> Charlyne

Don't you just love Texas? Little did I know I was entering the

political arena these days.

Will definitely look into the Guardianship but Heaven forbid he should

ever be placed at a group home or state school, no one better mess

with my while I am still around.

I do not know if you have heard of Haseeb's case? Update he is finally

out of the state school, gee the stories this mom and the family have

gone through is just horrible. Still not out of the woods.

It all reflects of course all about the money.

Once you're done with the battle of Special Education then it is the

mission of the supported services.

Where that mind frame state wanting to control many as puppets.

DADS are listening and kept telling the Providers Agencies at the

conference the reminder of Choices one with special needs or

disability have and their expressions said it all they were just in it

for the money. Still it is those behind the desk who make the

decisions on how to utilize the funds.

Some are there for good intentions as they would speak up which was

nice but of course they are out numbered. The HCS provider that I

chose have been good towards 's needs for now, it is 100 %, they

understood the autism lingo and are staying focus on the areas needed

to make sure individuals like are taken care like at home.

They do have group homes and of course it is nice that as long as they

are around they will assist in the areas needed when us the parents

are no longer around.

I do believe in them because during our meeting boy did we have a very

long conversation versus other Provider agencies I have contacted.

This would be another chapter.

Of course, still early to tell as (S___)things happen, right?

I belong to an organization which blends in with our adult support

group called Community Now, now here is where the state legislature at

one of the budget stakeholders committee recognized some red flags

when addressing the Level of need pay rate towards Care

Providers and group homes & state schools. So they are beginning to

question here when it entails the funds.

This will be another chapter but our mission:

Community Now! is a statewide non-profit organization that is

passionately committed to promoting inclusive communities for all

people often marginalized because of disability.

Our Purpose:

Community Now! is working to reform long term care services for people

with intellectual and developmental disabilities. This reform should

be generated through closure and consolidation of state institutions

which should result in exceptional services and supports for those

choosing to live in community. Public funds generated from these

institution closures should then be reallocated to fully fund the

waiting lists for community services.

The list goes on with the FACT Sheet, representation, actualize, A

Case for Long Term Care Reform in Texas, Recommendation for long Term

Care Reform.

There are at least 88,000 Texans with disabilities on Waiting Lists

for community services through Medicaid Waivers.

Anyways, so much going on and them shaking in their boots.

Thanks,

Irma,20,DS/ASD

[Guest guest]

Sara, I have heard of these situations happening. The probate will appoint an

outside guardian relieving the parent, change the group home so the parent has

no contact and no address. The parent can spend years or until there death tied

up in court hearings will no result.It also happens to senior citizens. Zeb will

stay home and I will refuse the services from any agency or the monies. It

scares me beyond words.

Charlyne

Subject: Supporting our family members

To:

Date: Sunday, November 2, 2008, 11:01 AM

I was SHOCKED to receive a THANK YOU note from ELie's new support

coordinator because we " took the time " to come to Elie's house to meet him

and meet with him!

The very thought that because my son is no longer living at home means that

I am abdicating as his mother is something I have to really think about.

(Not that I am abdicating, but the thinking that I am). I am no longer his

day to day caregiver, but I am certainly involved in his care and his life

and his everything. He is still my son.

HAving said that, I can understand that group homes have a different view.

My firend who has a 26 yo son with TBI from birth and autistic behaviors

with explosive behavior disosrder has decided that her son would benefit

more from living in a group hoome sittuation with 24/7 staff and three

residents. She was told point blank that she cannot have a say in his doc,

meds, diet. Need I say she is appalled and taking this to the state level

for adjudication. She is her son's legal guardian andhas no plans for his

doc's changing nor his medications.

--

Sara - Life is a journey- we choose the path.

[Guest guest]

Charlyne - this is great only if you plan on outliving Zeb. HE needs

protection that will last beyond you. That is why we are using a private

home situation and not a group home. And we have guardians for after our

demise. But nothing is fool proof. Still I am trying.

On Sun, Nov 2, 2008 at 3:16 PM, charlyne olko wrote:

> Sara, I have heard of these situations happening. The probate will

> appoint an outside guardian relieving the parent, change the group home so

> the parent has no contact and no address. The parent can spend years or

> until there death tied up in court hearings will no result.It also happens

> to senior citizens. Zeb will stay home and I will refuse the services from

> any agency or the monies. It scares me beyond words.

> Charlyne

>

>

> From: Sara Cohen <pastmidvale@... <pastmidvale%40gmail.com>>

> Subject: Supporting our family members

> To:

> Date: Sunday, November 2, 2008, 11:01 AM

>

> I was SHOCKED to receive a THANK YOU note from ELie's new support

>

> coordinator because we " took the time " to come to Elie's house to meet him

>

> and meet with him!

>

> The very thought that because my son is no longer living at home means that

>

> I am abdicating as his mother is something I have to really think about.

>

> (Not that I am abdicating, but the thinking that I am). I am no longer his

>

> day to day caregiver, but I am certainly involved in his care and his life

>

> and his everything. He is still my son.

>

> HAving said that, I can understand that group homes have a different view.

>

> My firend who has a 26 yo son with TBI from birth and autistic behaviors

>

> with explosive behavior disosrder has decided that her son would benefit

>

> more from living in a group hoome sittuation with 24/7 staff and three

>

> residents. She was told point blank that she cannot have a say in his doc,

>

> meds, diet. Need I say she is appalled and taking this to the state level

>

> for adjudication. She is her son's legal guardian andhas no plans for his

>

> doc's changing nor his medications.

>

> --

>

> Sara - Life is a journey- we choose the path.

>

>

[Guest guest]

Sara,

It is very frustrating to me how people assume that we don't care or

are giving up our decision making responsibility when our children no

longer live with us. It is also scary since so many paid providers

come and go through out children's lives. We are and will be the only

one there for the duration.

Just want to say I understand and have struggled with this myself.

I'd love to write more but unfortunately don't have time.

Karyn

>

> I was SHOCKED to receive a THANK YOU note from ELie's new support

> coordinator because we " took the time " to come to Elie's house to

meet him

> and meet with him!

>

> The very thought that because my son is no longer living at home

means that

> I am abdicating as his mother is something I have to really think

about.

> (Not that I am abdicating, but the thinking that I am). I am no

longer his

> day to day caregiver, but I am certainly involved in his care and

his life

> and his everything. He is still my son.

>

> HAving said that, I can understand that group homes have a

different view.

> My firend who has a 26 yo son with TBI from birth and autistic

behaviors

> with explosive behavior disosrder has decided that her son would

benefit

> more from living in a group hoome sittuation with 24/7 staff and

three

> residents. She was told point blank that she cannot have a say in

his doc,

> meds, diet. Need I say she is appalled and taking this to the

state level

> for adjudication. She is her son's legal guardian andhas no plans

for his

> doc's changing nor his medications.

>

>

>

>

>

>

> --

> Sara - Life is a journey- we choose the path.

>

>

>

[Guest guest]

Sara, I plan to outlive him but in the event he beats me my older kids will take

my place. I am too independent to have his life and mine dictated by some

stranger.

Charlyne

> From: Sara Cohen <pastmidvale@ gmail.com <pastmidvale% 40gmail.com> >

> Subject: Supporting our family members

> To: @yahoogrou ps.com <%40yahoog roups.com>

> Date: Sunday, November 2, 2008, 11:01 AM

>

> I was SHOCKED to receive a THANK YOU note from ELie's new support

>

> coordinator because we " took the time " to come to Elie's house to meet him

>

> and meet with him!

>

> The very thought that because my son is no longer living at home means that

>

> I am abdicating as his mother is something I have to really think about.

>

> (Not that I am abdicating, but the thinking that I am). I am no longer his

>

> day to day caregiver, but I am certainly involved in his care and his life

>

> and his everything. He is still my son.

>

> HAving said that, I can understand that group homes have a different view.

>

> My firend who has a 26 yo son with TBI from birth and autistic behaviors

>

> with explosive behavior disosrder has decided that her son would benefit

>

> more from living in a group hoome sittuation with 24/7 staff and three

>

> residents. She was told point blank that she cannot have a say in his doc,

>

> meds, diet. Need I say she is appalled and taking this to the state level

>

> for adjudication. She is her son's legal guardian andhas no plans for his

>

> doc's changing nor his medications.

>

> --

>

> Sara - Life is a journey- we choose the path.

>

>

[Guest guest]

Irma,Charylene, & Sara, I know that I can learn so much from you guys

because your kids are older. What are you all talking about? I know

of the special needs trust but what is this about guardianship and

when do you need this? I want to always be involved and when I

cannot my daughter wants to be involved in 's care. Help. Cyndi B

> I too am worried about interventions over which I will have no

control.

> Right now, we have a DPOA. Guardianship we have not done because I

do not

> want to stop Elie from voting or doing other age appropriate things

which

> guardianship in this state will entail. If he wants to marry

(right now he

> doesn't even know what that means!) I would want to be involved,

and help to

> arrange his care, but I don't think I would stop him.

>

> Right now - and I emphasize that- he takes NO meds, he has a doc

who is

> holistic, so I don't have that worry. But time will tell.

>

> And we still have not set up a Special needs trust due to the costs

> involved. But we are getting closer. We have re-written our wills

to have

> one established at our death if we have not already done so!

>

>

>

> > Sara,

> >

> > At the conference my friends and I had attended will I understand

> > about the guardianship needed in situations like on what you had

> > mentioned but many are not being told when applying certain

treatments

> > that are part of the IPP, something like this.

> > What is the point of the Guardianship if the group homes and state

> > schools are just going to do what they want.

> > At the conference it was mentioned that the DOP will not be

> > recognized, can you believe that? That is here in Texas for now

verses

> > other states as told.

> > I do have this on the back burner to pursue this route with the

> > Guardianship but with all the changes going on, it is protecting

> > the best I can when funds are also available.

> > So my mission now is seeking a pro-bone attorney to assist other

> > families who are less fortunate due to every time you turn around

it

> > is money for Special Needs Trust Funds, wills, therapies, dietary

> > needs, meds, supplements, etc.

> >

> > The Thank you note was nice and Elie is fortunate to where he is

at

> > and very content being in an inclusive setting. This is due to you

> > being pretty proactive. Thank God for Elie able to work over those

> > hurdles of challenges needed and for people in his life right now.

> > Prayers that this will continue as he sounds very happy living

> > independently the best possible way. Always a mission accomplished

> > with what you have shared.

> >

> > Irma,20,DS/ASD

> >

> >

> >

> > >

> > > I was SHOCKED to receive a THANK YOU note from ELie's new

support

> > > coordinator because we " took the time " to come to Elie's house

to

> > meet him

> > > and meet with him!

> > >

> > > The very thought that because my son is no longer living at home

> > means that

> > > I am abdicating as his mother is something I have to really

think about.

> > > (Not that I am abdicating, but the thinking that I am). I am no

> > longer his

> > > day to day caregiver, but I am certainly involved in his care

and

> > his life

> > > and his everything. He is still my son.

> > >

> > > HAving said that, I can understand that group homes have a

different

> > view.

> > > My firend who has a 26 yo son with TBI from birth and autistic

behaviors

> > > with explosive behavior disosrder has decided that her son

would benefit

> > > more from living in a group hoome sittuation with 24/7 staff

and three

> > > residents. She was told point blank that she cannot have a say

in

> > his doc,

> > > meds, diet. Need I say she is appalled and taking this to the

state

> > level

> > > for adjudication. She is her son's legal guardian andhas no

plans

> > for his

> > > doc's changing nor his medications.

> > >

> > >

> > >

> > >

> > >

> > >

> > > --

> > > Sara - Life is a journey- we choose the path.

> > >

> > >

> > >

[Guest guest]

Gosh, when I was a Director of Residential Services each resident kept their

doctor and we had family members in and out all the time. I even had in my

program young men who had been friends as children and were at that time

room-mates. Their families would take turns, often just dropping by to take

them out to eat or to a movie. My program had small group homes and shared

apartments and the really good apartment building. Everyone was their own

guardian. We did whatever the family asked.

I did this before grad school which means it was 20 years ago. I wonder if

things have changed. I've noticed that we now have " consumers " instead of

" clients " but I wonder the philosophy has changed.

I'm still hoping for the dorm experience/apartment building for my guys.

Lori

Mom to Isaac, 11 and Tony 9 (soon to be 10!)

_____

From: [mailto: ] On Behalf

Of charlyne olko

Sent: Sunday, November 02, 2008 5:02 PM

To:

Subject: Re: Supporting our family members

Sara, I plan to outlive him but in the event he beats me my older kids will

take my place. I am too independent to have his life and mine dictated by

some stranger.

Charlyne

> From: Sara Cohen <pastmidvale@ gmail.com <pastmidvale% 40gmail.com> >

> Subject: Supporting our family members

> To: @yahoogrou ps.com <%40yahoog roups.com>

> Date: Sunday, November 2, 2008, 11:01 AM

>

> I was SHOCKED to receive a THANK YOU note from ELie's new support

>

> coordinator because we " took the time " to come to Elie's house to meet him

>

> and meet with him!

>

> The very thought that because my son is no longer living at home means

that

>

> I am abdicating as his mother is something I have to really think about.

>

> (Not that I am abdicating, but the thinking that I am). I am no longer his

>

> day to day caregiver, but I am certainly involved in his care and his life

>

> and his everything. He is still my son.

>

> HAving said that, I can understand that group homes have a different view.

>

> My firend who has a 26 yo son with TBI from birth and autistic behaviors

>

> with explosive behavior disosrder has decided that her son would benefit

>

> more from living in a group hoome sittuation with 24/7 staff and three

>

> residents. She was told point blank that she cannot have a say in his doc,

>

> meds, diet. Need I say she is appalled and taking this to the state level

>

> for adjudication. She is her son's legal guardian andhas no plans for his

>

> doc's changing nor his medications.

>

> --

>

> Sara - Life is a journey- we choose the path.

>

>

[Guest guest]

>

> Irma,Charylene, & Sara, I know that I can learn so much from you guys

> because your kids are older. What are you all talking about? I know

> of the special needs trust but what is this about guardianship and

> when do you need this? I want to always be involved and when I

> cannot my daughter wants to be involved in 's care. Help. Cyndi B

Cyndi,

I'll let the veterans share this piece as they have been on this

journey before I have. Most of all those who will recognize around

your state with resource information.

I could share a little on behalf of Guardianship in Texas.

When our individuals turn 18 y/o, they are considered adults and this

is when one seeks action towards guardianship.

There are some barriers in our case financially, it is still in the

works but in the mean time I had seek Durable Power of Attorney.

There are explanation of Guardian's Duties,

Guardians of the person,

Guardians of the estate.

Power of Attorney and Guardianships,

Some family members have powers of attorney for medical and/or

financial assistance. Financial powers of attorney do not prevent the

incapacitated person from making his or her own financial decisions as

an individual can always revoke a power of attorney.

Power of attorney are used as guardianship avoidance mechanisms.

However, if a person is already incapacitated, he or she cannot sign a

power of attorney and probably needs a guardian.

Guardian Barriers:

Guardianships can be expensive to obtain, and therefore, many

incapacitated persons who need guardians do not have them, and use

power of attorney instead. An interested family member must hire an

attorney to file an application with a probate court for the family

member to appointed a guardian. The list goes on.

What is a guardianship and how do they work? A guardianship is a

court-supervised administration for a minor or for an incapacitated

person. A person -- called the guardian -- is appointed by a court to

care for the person and/or property of the minor or incapacitated

person -- called the ward. In some other states, guardianships are

called conservatorships, but in Texas they are called guardianships.

http://www.texasprobate.com/faqs/faq_about_guardianships.htm

WHAT IS GUARDIANSHIP

Guardianship is the legal proceeding necessary when someone cannot act

for themselves. It is most commonly needed when:

An elderly parent is no longer able to make medical or financial

decisions for themselves

A disabled child becomes an adult -- The Health Insurance Portability

& Accountability Act ( " HIPAA " ) may prevent the parent from access to

the child's medical records unless the parent is named the " Guardian

of the Person "

Financial transactions with minors: A child needs to make a financial

transaction or has received a gift or inheritance in their own name,

such as the proceeds from a relatives life insurance policy.

Guardianship empowers a court-appointed individual or entity (the

guardian) with the authority to make decisions for an individual

(ward) who is found to be incapacitated. Adults, minors (someone under

18 years old) and missing persons may be considered incapacitated. The

court deems a person incapacitated when they are unable to make

informed decisions and cannot:

* Provide food, clothing or shelter for themselves,

* Care for their own physical health, or

* Manage their financial matters.

Guardians have different levels of authority depending on the

limitations of their ward. Some individuals require guardianship for

both their person and their estate. A guardian who is responsible for

a person makes decisions related to medical treatment, living

environment and other matters that safeguard the well-being of the

ward. Estate guardianship grants authority over an incapacitated

person's property and/or financial affairs. In the event that a person

is in immediate danger, the court may grant temporary guardianship

without notice to the ward for up to sixty days. The court may also

initiate guardianship procedures if they are notified that a county

resident appears to be incapacitated and is experiencing abuse,

self-neglect or exploitation.

Placing a person under guardianship removes many civil liberties that

citizens in America enjoy. A ward loses the right to manage his or her

own affairs; to choose where to live; to consent and refuse medical

treatment; and even the rights to vote and to drive. Because these

rights are so significant, the court requires substantial evidence and

documentation to substantiate incapacitation. This is a complex

process that requires the skill and experience of a qualified TX

guardianship lawyer.

Who can Be Appointed as a Guardian?

Certain people are disqualified from begin appointed as a guardian in

Texas. Minors (those under the age of 18),incapacitated persons,

debtors of the ward, parties to any lawsuit affecting or potentially

affecting the welfare of the proposed ward may not be guardians, and

nonresidents who have not filed the name of a resident agent in Texas

to accept services of process.

This is a little of Guardianship in Texas.

Irma,20,DS/ASD

[Guest guest]

>

> Charlyne - this is great only if you plan on outliving Zeb. HE needs

> protection that will last beyond you. That is why we are using a

private home situation and not a group home. And we have guardians

for after our demise. But nothing is fool proof. Still I am trying.

Sara, will you have done some tremendous work indeed for Elie and

greatly appreciate the latest outcome. I noticed someone just posted

on one of the listserve I am on about a GA article that recently came

out.

I'll forward as is from one of my friends Jeff.

This is interesting in that this Georgia paper is talking about how

far behind Texas is with reform of state institutions. They took

several quotes from an article written by a reporter out of Lubbock.

For the record...I never said people should live in group homes with

12 or less people. I told the reporter that people needed to be able

to make choices to live in small homes with 4 or less, in foster care

or in their own home with the supports coming to them. The HCS model.

What is it...all press is good press...

Enjoy!

Jeff

SavannahNow.com

thought you would like to see the SavannahNow.com web site.

Message from Sender:

Georgia favors small schools for the mentally disabled

by Savannah Morning News

Eight states - including Georgia - have begun shuttering institutions

housing people with severe mental retardation in favor of

community-based homes.

Click here to read more on our site

http://savannahnow.com/node/606332

Irma,20,DS/ASD

[Guest guest]

The word we uses is CUSTOMER. And we fire people who do not serve our

needs!!

> Gosh, when I was a Director of Residential Services each resident kept

> their

> doctor and we had family members in and out all the time. I even had in my

> program young men who had been friends as children and were at that time

> room-mates. Their families would take turns, often just dropping by to take

> them out to eat or to a movie. My program had small group homes and shared

> apartments and the really good apartment building. Everyone was their own

> guardian. We did whatever the family asked.

>

> I did this before grad school which means it was 20 years ago. I wonder if

> things have changed. I've noticed that we now have " consumers " instead of

> " clients " but I wonder the philosophy has changed.

>

> I'm still hoping for the dorm experience/apartment building for my guys.

>

> Lori

>

> Mom to Isaac, 11 and Tony 9 (soon to be 10!)

>

> _____

>

> From: [mailto:

> ] On Behalf

> Of charlyne olko

> Sent: Sunday, November 02, 2008 5:02 PM

> To:

> Subject: Re: Supporting our family members

>

> Sara, I plan to outlive him but in the event he beats me my older kids will

> take my place. I am too independent to have his life and mine dictated by

> some stranger.

> Charlyne

>

>

>

> > From: Sara Cohen <pastmidvale@ gmail.com <pastmidvale% 40gmail.com> >

>

> > Subject: Supporting our family members

>

> > To: @yahoogrou ps.com <%40yahoog roups.com>

>

> > Date: Sunday, November 2, 2008, 11:01 AM

>

> >

>

> > I was SHOCKED to receive a THANK YOU note from ELie's new support

>

> >

>

> > coordinator because we " took the time " to come to Elie's house to meet

> him

>

> >

>

> > and meet with him!

>

> >

>

> > The very thought that because my son is no longer living at home means

> that

>

> >

>

> > I am abdicating as his mother is something I have to really think about.

>

> >

>

> > (Not that I am abdicating, but the thinking that I am). I am no longer

> his

>

> >

>

> > day to day caregiver, but I am certainly involved in his care and his

> life

>

> >

>

> > and his everything. He is still my son.

>

> >

>

> > HAving said that, I can understand that group homes have a different

> view.

>

> >

>

> > My firend who has a 26 yo son with TBI from birth and autistic behaviors

>

> >

>

> > with explosive behavior disosrder has decided that her son would benefit

>

> >

>

> > more from living in a group hoome sittuation with 24/7 staff and three

>

> >

>

> > residents. She was told point blank that she cannot have a say in his

> doc,

>

> >

>

> > meds, diet. Need I say she is appalled and taking this to the state level

>

> >

>

> > for adjudication. She is her son's legal guardian andhas no plans for his

>

> >

>

> > doc's changing nor his medications.

>

> >

>

> > --

>

> >

>

> > Sara - Life is a journey- we choose the path.

>

> >

>

> >

[Guest guest]

Irma, You have been a wealth of knowledge. Thanks for taking the time

to explain. Cyndi b

>

>

> >

> > Irma,Charylene, & Sara, I know that I can learn so much from you

guys

> > because your kids are older. What are you all talking about? I

know

> > of the special needs trust but what is this about guardianship

and

> > when do you need this? I want to always be involved and when I

> > cannot my daughter wants to be involved in 's care. Help.

Cyndi B

>

>

> Cyndi,

>

> I'll let the veterans share this piece as they have been on this

> journey before I have. Most of all those who will recognize around

> your state with resource information.

>

> I could share a little on behalf of Guardianship in Texas.

> When our individuals turn 18 y/o, they are considered adults and

this

> is when one seeks action towards guardianship.

> There are some barriers in our case financially, it is still in the

> works but in the mean time I had seek Durable Power of Attorney.

> There are explanation of Guardian's Duties,

> Guardians of the person,

> Guardians of the estate.

> Power of Attorney and Guardianships,

> Some family members have powers of attorney for medical and/or

> financial assistance. Financial powers of attorney do not prevent

the

> incapacitated person from making his or her own financial decisions

as

> an individual can always revoke a power of attorney.

>

> Power of attorney are used as guardianship avoidance mechanisms.

> However, if a person is already incapacitated, he or she cannot

sign a

> power of attorney and probably needs a guardian.

> Guardian Barriers:

> Guardianships can be expensive to obtain, and therefore, many

> incapacitated persons who need guardians do not have them, and use

> power of attorney instead. An interested family member must hire an

> attorney to file an application with a probate court for the family

> member to appointed a guardian. The list goes on.

>

> What is a guardianship and how do they work? A guardianship is a

> court-supervised administration for a minor or for an incapacitated

> person. A person -- called the guardian -- is appointed by a court

to

> care for the person and/or property of the minor or incapacitated

> person -- called the ward. In some other states, guardianships are

> called conservatorships, but in Texas they are called guardianships.

>

> http://www.texasprobate.com/faqs/faq_about_guardianships.htm

>

> WHAT IS GUARDIANSHIP

>

> Guardianship is the legal proceeding necessary when someone cannot

act

> for themselves. It is most commonly needed when:

>

> An elderly parent is no longer able to make medical or financial

> decisions for themselves

>

> A disabled child becomes an adult -- The Health Insurance

Portability

> & Accountability Act ( " HIPAA " ) may prevent the parent from access to

> the child's medical records unless the parent is named the " Guardian

> of the Person "

>

> Financial transactions with minors: A child needs to make a

financial

> transaction or has received a gift or inheritance in their own name,

> such as the proceeds from a relatives life insurance policy.

>

> Guardianship empowers a court-appointed individual or entity (the

> guardian) with the authority to make decisions for an individual

> (ward) who is found to be incapacitated. Adults, minors (someone

under

> 18 years old) and missing persons may be considered incapacitated.

The

> court deems a person incapacitated when they are unable to make

> informed decisions and cannot:

>

> * Provide food, clothing or shelter for themselves,

> * Care for their own physical health, or

> * Manage their financial matters.

>

> Guardians have different levels of authority depending on the

> limitations of their ward. Some individuals require guardianship for

> both their person and their estate. A guardian who is responsible

for

> a person makes decisions related to medical treatment, living

> environment and other matters that safeguard the well-being of the

> ward. Estate guardianship grants authority over an incapacitated

> person's property and/or financial affairs. In the event that a

person

> is in immediate danger, the court may grant temporary guardianship

> without notice to the ward for up to sixty days. The court may also

> initiate guardianship procedures if they are notified that a county

> resident appears to be incapacitated and is experiencing abuse,

> self-neglect or exploitation.

>

> Placing a person under guardianship removes many civil liberties

that

> citizens in America enjoy. A ward loses the right to manage his or

her

> own affairs; to choose where to live; to consent and refuse medical

> treatment; and even the rights to vote and to drive. Because these

> rights are so significant, the court requires substantial evidence

and

> documentation to substantiate incapacitation. This is a complex

> process that requires the skill and experience of a qualified TX

> guardianship lawyer.

>

> Who can Be Appointed as a Guardian?

> Certain people are disqualified from begin appointed as a guardian

in

> Texas. Minors (those under the age of 18),incapacitated persons,

> debtors of the ward, parties to any lawsuit affecting or potentially

> affecting the welfare of the proposed ward may not be guardians, and

> nonresidents who have not filed the name of a resident agent in

Texas

> to accept services of process.

>

> This is a little of Guardianship in Texas.

>

> Irma,20,DS/ASD

>

[Guest guest]

Guardianship is when one goes to (in most states) to probate court and

declare that your family member is incompetent to make decisions. Which

decisions depends ON the state. Some States it is all or nothing,. IN

others there can be separate guardianship's for medical issues, health

issues, daily living.

I have not done this. According to us, since Elie CAN make some decisions,

we opted for him t voluntarily give us Power of attorney. He signed this

document in front of a notary who only warranted his signature, not his

mental state. Unless someone challenges us, we are fine.

What has happened in some instances however, is that even if the parents

hold court agreed guardianship, and agency or group home entity thru their

governing body, may go to court (UNBEKNOWNST to the family) and asked that

any previous guardianship be set aside and that THEY will hold

guardianship. In most places, people who have physical custody of a person

and get paid to care for them MAY NOT hold guardianship, but seems that

there are ways around this.

Need I say that this concerns me? But just s niggle in the back of the mind

- not yet an issue.

On Mon, Nov 3, 2008 at 9:10 PM, wrote:

> Irma, You have been a wealth of knowledge. Thanks for taking the time

> to explain. Cyndi b

> >

> >

> > >

> > > Irma,Charylene, & Sara, I know that I can learn so much from you

> guys

> > > because your kids are older. What are you all talking about? I

> know

> > > of the special needs trust but what is this about guardianship

> and

> > > when do you need this? I want to always be involved and when I

> > > cannot my daughter wants to be involved in 's care. Help.

> Cyndi B

> >

> >

> > Cyndi,

> >

> > I'll let the veterans share this piece as they have been on this

> > journey before I have. Most of all those who will recognize around

> > your state with resource information.

> >

> > I could share a little on behalf of Guardianship in Texas.

> > When our individuals turn 18 y/o, they are considered adults and

> this

> > is when one seeks action towards guardianship.

> > There are some barriers in our case financially, it is still in the

> > works but in the mean time I had seek Durable Power of Attorney.

> > There are explanation of Guardian's Duties,

> > Guardians of the person,

> > Guardians of the estate.

> > Power of Attorney and Guardianships,

> > Some family members have powers of attorney for medical and/or

> > financial assistance. Financial powers of attorney do not prevent

> the

> > incapacitated person from making his or her own financial decisions

> as

> > an individual can always revoke a power of attorney.

> >

> > Power of attorney are used as guardianship avoidance mechanisms.

> > However, if a person is already incapacitated, he or she cannot

> sign a

> > power of attorney and probably needs a guardian.

> > Guardian Barriers:

> > Guardianships can be expensive to obtain, and therefore, many

> > incapacitated persons who need guardians do not have them, and use

> > power of attorney instead. An interested family member must hire an

> > attorney to file an application with a probate court for the family

> > member to appointed a guardian. The list goes on.

> >

> > What is a guardianship and how do they work? A guardianship is a

> > court-supervised administration for a minor or for an incapacitated

> > person. A person -- called the guardian -- is appointed by a court

> to

> > care for the person and/or property of the minor or incapacitated

> > person -- called the ward. In some other states, guardianships are

> > called conservatorships, but in Texas they are called guardianships.

> >

> > http://www.texasprobate.com/faqs/faq_about_guardianships.htm

> >

> > WHAT IS GUARDIANSHIP

> >

> > Guardianship is the legal proceeding necessary when someone cannot

> act

> > for themselves. It is most commonly needed when:

> >

> > An elderly parent is no longer able to make medical or financial

> > decisions for themselves

> >

> > A disabled child becomes an adult -- The Health Insurance

> Portability

> > & Accountability Act ( " HIPAA " ) may prevent the parent from access to

> > the child's medical records unless the parent is named the " Guardian

> > of the Person "

> >

> > Financial transactions with minors: A child needs to make a

> financial

> > transaction or has received a gift or inheritance in their own name,

> > such as the proceeds from a relatives life insurance policy.

> >

> > Guardianship empowers a court-appointed individual or entity (the

> > guardian) with the authority to make decisions for an individual

> > (ward) who is found to be incapacitated. Adults, minors (someone

> under

> > 18 years old) and missing persons may be considered incapacitated.

> The

> > court deems a person incapacitated when they are unable to make

> > informed decisions and cannot:

> >

> > * Provide food, clothing or shelter for themselves,

> > * Care for their own physical health, or

> > * Manage their financial matters.

> >

> > Guardians have different levels of authority depending on the

> > limitations of their ward. Some individuals require guardianship for

> > both their person and their estate. A guardian who is responsible

> for

> > a person makes decisions related to medical treatment, living

> > environment and other matters that safeguard the well-being of the

> > ward. Estate guardianship grants authority over an incapacitated

> > person's property and/or financial affairs. In the event that a

> person

> > is in immediate danger, the court may grant temporary guardianship

> > without notice to the ward for up to sixty days. The court may also

> > initiate guardianship procedures if they are notified that a county

> > resident appears to be incapacitated and is experiencing abuse,

> > self-neglect or exploitation.

> >

> > Placing a person under guardianship removes many civil liberties

> that

> > citizens in America enjoy. A ward loses the right to manage his or

> her

> > own affairs; to choose where to live; to consent and refuse medical

> > treatment; and even the rights to vote and to drive. Because these

> > rights are so significant, the court requires substantial evidence

> and

> > documentation to substantiate incapacitation. This is a complex

> > process that requires the skill and experience of a qualified TX

> > guardianship lawyer.

> >

> > Who can Be Appointed as a Guardian?

> > Certain people are disqualified from begin appointed as a guardian

> in

> > Texas. Minors (those under the age of 18),incapacitated persons,

> > debtors of the ward, parties to any lawsuit affecting or potentially

> > affecting the welfare of the proposed ward may not be guardians, and

> > nonresidents who have not filed the name of a resident agent in

> Texas

> > to accept services of process.

> >

> > This is a little of Guardianship in Texas.

> >

> > Irma,20,DS/ASD

> >

>

>

>

--

Sara - Life is a journey- we choose the path.

[Guest guest]

Sara, Yes I see what you mean. It could be contested. I am going to

talk to the att for Down syndrome here. All of the meetings that this

group holds are in a shady part of town so I never go to the actual

meetings. I do not know why because the DSA office is not in a shady

part of town. They hold their meeting with the mental retardation

group meetings and there office is in a scarey place. I want to know

what to do here. Cyndi B

>

> Guardianship is when one goes to (in most states) to probate court

and

> declare that your family member is incompetent to make decisions.

Which

> decisions depends ON the state. Some States it is all or

nothing,. IN

> others there can be separate guardianship's for medical issues,

health

> issues, daily living.

>

> I have not done this. According to us, since Elie CAN make some

decisions,

> we opted for him t voluntarily give us Power of attorney. He

signed this

> document in front of a notary who only warranted his signature, not

his

> mental state. Unless someone challenges us, we are fine.

>

> What has happened in some instances however, is that even if the

parents

> hold court agreed guardianship, and agency or group home entity

thru their

> governing body, may go to court (UNBEKNOWNST to the family) and

asked that

> any previous guardianship be set aside and that THEY will hold

> guardianship. In most places, people who have physical custody of

a person

> and get paid to care for them MAY NOT hold guardianship, but seems

that

> there are ways around this.

>

> Need I say that this concerns me? But just s niggle in the back of

the mind

> - not yet an issue.

>

> On Mon, Nov 3, 2008 at 9:10 PM,

wrote:

>

> > Irma, You have been a wealth of knowledge. Thanks for taking

the time

> > to explain. Cyndi b

> > >

> > >

> > > >

> > > > Irma,Charylene, & Sara, I know that I can learn so much from

you

> > guys

> > > > because your kids are older. What are you all talking about? I

> > know

> > > > of the special needs trust but what is this about guardianship

> > and

> > > > when do you need this? I want to always be involved and when I

> > > > cannot my daughter wants to be involved in 's care. Help.

> > Cyndi B

> > >

> > >

> > > Cyndi,

> > >

> > > I'll let the veterans share this piece as they have been on this

> > > journey before I have. Most of all those who will recognize

around

> > > your state with resource information.

> > >

> > > I could share a little on behalf of Guardianship in Texas.

> > > When our individuals turn 18 y/o, they are considered adults and

> > this

> > > is when one seeks action towards guardianship.

> > > There are some barriers in our case financially, it is still in

the

> > > works but in the mean time I had seek Durable Power of Attorney.

> > > There are explanation of Guardian's Duties,

> > > Guardians of the person,

> > > Guardians of the estate.

> > > Power of Attorney and Guardianships,

> > > Some family members have powers of attorney for medical and/or

> > > financial assistance. Financial powers of attorney do not

prevent

> > the

> > > incapacitated person from making his or her own financial

decisions

> > as

> > > an individual can always revoke a power of attorney.

> > >

> > > Power of attorney are used as guardianship avoidance mechanisms.

> > > However, if a person is already incapacitated, he or she cannot

> > sign a

> > > power of attorney and probably needs a guardian.

> > > Guardian Barriers:

> > > Guardianships can be expensive to obtain, and therefore, many

> > > incapacitated persons who need guardians do not have them, and

use

> > > power of attorney instead. An interested family member must

hire an

> > > attorney to file an application with a probate court for the

family

> > > member to appointed a guardian. The list goes on.

> > >

> > > What is a guardianship and how do they work? A guardianship is a

> > > court-supervised administration for a minor or for an

incapacitated

> > > person. A person -- called the guardian -- is appointed by a

court

> > to

> > > care for the person and/or property of the minor or

incapacitated

> > > person -- called the ward. In some other states, guardianships

are

> > > called conservatorships, but in Texas they are called

guardianships.

> > >

> > > http://www.texasprobate.com/faqs/faq_about_guardianships.htm

> > >

> > > WHAT IS GUARDIANSHIP

> > >

> > > Guardianship is the legal proceeding necessary when someone

cannot

> > act

> > > for themselves. It is most commonly needed when:

> > >

> > > An elderly parent is no longer able to make medical or financial

> > > decisions for themselves

> > >

> > > A disabled child becomes an adult -- The Health Insurance

> > Portability

> > > & Accountability Act ( " HIPAA " ) may prevent the parent from

access to

> > > the child's medical records unless the parent is named

the " Guardian

> > > of the Person "

> > >

> > > Financial transactions with minors: A child needs to make a

> > financial

> > > transaction or has received a gift or inheritance in their own

name,

> > > such as the proceeds from a relatives life insurance policy.

> > >

> > > Guardianship empowers a court-appointed individual or entity

(the

> > > guardian) with the authority to make decisions for an individual

> > > (ward) who is found to be incapacitated. Adults, minors (someone

> > under

> > > 18 years old) and missing persons may be considered

incapacitated.

> > The

> > > court deems a person incapacitated when they are unable to make

> > > informed decisions and cannot:

> > >

> > > * Provide food, clothing or shelter for themselves,

> > > * Care for their own physical health, or

> > > * Manage their financial matters.

> > >

> > > Guardians have different levels of authority depending on the

> > > limitations of their ward. Some individuals require

guardianship for

> > > both their person and their estate. A guardian who is

responsible

> > for

> > > a person makes decisions related to medical treatment, living

> > > environment and other matters that safeguard the well-being of

the

> > > ward. Estate guardianship grants authority over an incapacitated

> > > person's property and/or financial affairs. In the event that a

> > person

> > > is in immediate danger, the court may grant temporary

guardianship

> > > without notice to the ward for up to sixty days. The court may

also

> > > initiate guardianship procedures if they are notified that a

county

> > > resident appears to be incapacitated and is experiencing abuse,

> > > self-neglect or exploitation.

> > >

> > > Placing a person under guardianship removes many civil liberties

> > that

> > > citizens in America enjoy. A ward loses the right to manage his

or

> > her

> > > own affairs; to choose where to live; to consent and refuse

medical

> > > treatment; and even the rights to vote and to drive. Because

these

> > > rights are so significant, the court requires substantial

evidence

> > and

> > > documentation to substantiate incapacitation. This is a complex

> > > process that requires the skill and experience of a qualified TX

> > > guardianship lawyer.

> > >

> > > Who can Be Appointed as a Guardian?

> > > Certain people are disqualified from begin appointed as a

guardian

> > in

> > > Texas. Minors (those under the age of 18),incapacitated persons,

> > > debtors of the ward, parties to any lawsuit affecting or

potentially

> > > affecting the welfare of the proposed ward may not be

guardians, and

> > > nonresidents who have not filed the name of a resident agent in

> > Texas

> > > to accept services of process.

> > >

> > > This is a little of Guardianship in Texas.

> > >

> > > Irma,20,DS/ASD

> > >

> >

> >

> >

>

>

>

> --

> Sara - Life is a journey- we choose the path.

>

>

>

[Guest guest]

Hi Cyndi,

I am far from the expert. I am just beginning to learn and plan for life after

HS. I am just beginning to learn about post secondary education choices in this

area. Geez, already counting down HS. I learned something today that I believe

every parent of a child with a disability in school should know and understand.

I have gone to countless training sessions on IDEA and school issues. I was

presented with a strange situation that I will not go into detail about. I

consulted four sped attorneys that could not answer my question. I finally had

no choice but to call the education dept. It is common knowledge, as parents

that we have a right to request an IEP meeting.  According to IDEA, there is no

mandate that a local school district has to comply with an IEP request. If the

school team feels that there is no need to convene a meeting then they can deny

your request. I have never heard of a school team denying a parents request but

it can happen. If the

parents cannot convince the school team that a meeting is necessary then you

can file a state complaint. Learn something new every day.

Charlyne 

>

> > Sara,

> >

> > At the conference my friends and I had attended will I understand

> > about the guardianship needed in situations like on what you had

> > mentioned but many are not being told when applying certain

treatments

> > that are part of the IPP, something like this.

> > What is the point of the Guardianship if the group homes and state

> > schools are just going to do what they want.

> > At the conference it was mentioned that the DOP will not be

> > recognized, can you believe that? That is here in Texas for now

verses

> > other states as told.

> > I do have this on the back burner to pursue this route with the

> > Guardianship but with all the changes going on, it is protecting

> > the best I can when funds are also available.

> > So my mission now is seeking a pro-bone attorney to assist other

> > families who are less fortunate due to every time you turn around

it

> > is money for Special Needs Trust Funds, wills, therapies, dietary

> > needs, meds, supplements, etc.

> >

> > The Thank you note was nice and Elie is fortunate to where he is

at

> > and very content being in an inclusive setting. This is due to you

> > being pretty proactive. Thank God for Elie able to work over those

> > hurdles of challenges needed and for people in his life right now.

> > Prayers that this will continue as he sounds very happy living

> > independently the best possible way. Always a mission accomplished

> > with what you have shared.

> >

> > Irma,20, DS/ASD

> >

> >

> >

> > >

> > > I was SHOCKED to receive a THANK YOU note from ELie's new

support

> > > coordinator because we " took the time " to come to Elie's house

to

> > meet him

> > > and meet with him!

> > >

> > > The very thought that because my son is no longer living at home

> > means that

> > > I am abdicating as his mother is something I have to really

think about.

> > > (Not that I am abdicating, but the thinking that I am). I am no

> > longer his

> > > day to day caregiver, but I am certainly involved in his care

and

> > his life

> > > and his everything. He is still my son.

> > >

> > > HAving said that, I can understand that group homes have a

different

> > view.

> > > My firend who has a 26 yo son with TBI from birth and autistic

behaviors

> > > with explosive behavior disosrder has decided that her son

would benefit

> > > more from living in a group hoome sittuation with 24/7 staff

and three

> > > residents. She was told point blank that she cannot have a say

in

> > his doc,

> > > meds, diet. Need I say she is appalled and taking this to the

state

> > level

> > > for adjudication. She is her son's legal guardian andhas no

plans

> > for his

> > > doc's changing nor his medications.

> > >

> > >

> > >

> > >

> > >

> > >

> > > --

> > > Sara - Life is a journey- we choose the path.

> > >

> > >

> > >

[Guest guest]

We live in Wisconsin. is 19 years old. We have full

guardianship of . Wisconsin is pretty progressive about

guardianships. Certain rights can be retained. I personally know

individuals who have retained the right to vote and marry. We also

have guardianships over specific areas such as just financial and

medical. When guardianship was granted we were instructed by the

Judge that was to have a say in all decisions as much as he

could.

We didn't have to pay anything to have the guardianship established.

He had to have a competency exam and that was done during his regular

psychiatric appt. The guardian ad litem had a fee but since has

no money the county paid that amount.

I was a residential casemanager for a while and had good and bad

experiences with individuals situations with people who had cognitive

impairment and had or didn't have guardians.

As a past care provider and now as 's mom I have my views on

guardianship. 1. be straight about whether the person is really

capable of understanding and granting power of attorney. If you say

they are competent to grant it to you then they have that ability to

grant it to someone else or take it back.

While the argument can be made that someone can go to court behind a

guardians back to take away guardianship, that is a more difficult

process than just having the person in question sign a piece of paper

granting the " new " person all authority.

If someone went to court and took away guardianship behind our back

they would still face court oversight and yearly review of financial

decisions and changes in living situations.

If someone has power of attorney there is no court oversight.

If there is no finding of incompetence and someone took without

our permission we would have no recourse as long as said it was

OK, which he would as long as they gave him rock music and his

favorite foods. Actually, law enforcement may not even look for him

if it appeared he left of his own free will.

When I was being paid to assist people I faced a few situations where

I was talking a woman, who had no guardian, into medical treatment

when she really didn't understand the options and it was beyond her

ability to understand. It was not my decision to make but this woman

didn't understand the options.

I also had a wonderful situation where a young woman made her own

choices about relationships that weren't always good but she knew

what she was doing and the possible consequences. She didn't always

make the choices that we considered safe but they were her choices.

I don't want to control 's life but I want him to be safe and

not allow someone to take advantage of him.

Karyn

> > > >

> > > > Irma,Charylene, & Sara, I know that I can learn so much from

you

> > guys

> > > > because your kids are older. What are you all talking about? I

> > know

> > > > of the special needs trust but what is this about guardianship

> > and

> > > > when do you need this? I want to always be involved and when I

> > > > cannot my daughter wants to be involved in 's care. Help.

> > Cyndi B

> > >

> > >

> > > Cyndi,

> > >

> > > I'll let the veterans share this piece as they have been on this

> > > journey before I have. Most of all those who will recognize

around

> > > your state with resource information.

> > >

> > > I could share a little on behalf of Guardianship in Texas.

> > > When our individuals turn 18 y/o, they are considered adults and

> > this

> > > is when one seeks action towards guardianship.

> > > There are some barriers in our case financially, it is still in

the

> > > works but in the mean time I had seek Durable Power of Attorney.

> > > There are explanation of Guardian's Duties,

> > > Guardians of the person,

> > > Guardians of the estate.

> > > Power of Attorney and Guardianships,

> > > Some family members have powers of attorney for medical and/or

> > > financial assistance. Financial powers of attorney do not

prevent

> > the

> > > incapacitated person from making his or her own financial

decisions

> > as

> > > an individual can always revoke a power of attorney.

> > >

> > > Power of attorney are used as guardianship avoidance mechanisms.

> > > However, if a person is already incapacitated, he or she cannot

> > sign a

> > > power of attorney and probably needs a guardian.

> > > Guardian Barriers:

> > > Guardianships can be expensive to obtain, and therefore, many

> > > incapacitated persons who need guardians do not have them, and

use

> > > power of attorney instead. An interested family member must

hire an

> > > attorney to file an application with a probate court for the

family

> > > member to appointed a guardian. The list goes on.

> > >

> > > What is a guardianship and how do they work? A guardianship is a

> > > court-supervised administration for a minor or for an

incapacitated

> > > person. A person -- called the guardian -- is appointed by a

court

> > to

> > > care for the person and/or property of the minor or

incapacitated

> > > person -- called the ward. In some other states, guardianships

are

> > > called conservatorships, but in Texas they are called

guardianships.

> > >

> > > http://www.texasprobate.com/faqs/faq_about_guardianships.htm

> > >

> > > WHAT IS GUARDIANSHIP

> > >

> > > Guardianship is the legal proceeding necessary when someone

cannot

> > act

> > > for themselves. It is most commonly needed when:

> > >

> > > An elderly parent is no longer able to make medical or financial

> > > decisions for themselves

> > >

> > > A disabled child becomes an adult -- The Health Insurance

> > Portability

> > > & Accountability Act ( " HIPAA " ) may prevent the parent from

access to

> > > the child's medical records unless the parent is named

the " Guardian

> > > of the Person "

> > >

> > > Financial transactions with minors: A child needs to make a

> > financial

> > > transaction or has received a gift or inheritance in their own

name,

> > > such as the proceeds from a relatives life insurance policy.

> > >

> > > Guardianship empowers a court-appointed individual or entity

(the

> > > guardian) with the authority to make decisions for an individual

> > > (ward) who is found to be incapacitated. Adults, minors (someone

> > under

> > > 18 years old) and missing persons may be considered

incapacitated.

> > The

> > > court deems a person incapacitated when they are unable to make

> > > informed decisions and cannot:

> > >

> > > * Provide food, clothing or shelter for themselves,

> > > * Care for their own physical health, or

> > > * Manage their financial matters.

> > >

> > > Guardians have different levels of authority depending on the

> > > limitations of their ward. Some individuals require

guardianship for

> > > both their person and their estate. A guardian who is

responsible

> > for

> > > a person makes decisions related to medical treatment, living

> > > environment and other matters that safeguard the well-being of

the

> > > ward. Estate guardianship grants authority over an incapacitated

> > > person's property and/or financial affairs. In the event that a

> > person

> > > is in immediate danger, the court may grant temporary

guardianship

> > > without notice to the ward for up to sixty days. The court may

also

> > > initiate guardianship procedures if they are notified that a

county

> > > resident appears to be incapacitated and is experiencing abuse,

> > > self-neglect or exploitation.

> > >

> > > Placing a person under guardianship removes many civil liberties

> > that

> > > citizens in America enjoy. A ward loses the right to manage his

or

> > her

> > > own affairs; to choose where to live; to consent and refuse

medical

> > > treatment; and even the rights to vote and to drive. Because

these

> > > rights are so significant, the court requires substantial

evidence

> > and

> > > documentation to substantiate incapacitation. This is a complex

> > > process that requires the skill and experience of a qualified TX

> > > guardianship lawyer.

> > >

> > > Who can Be Appointed as a Guardian?

> > > Certain people are disqualified from begin appointed as a

guardian

> > in

> > > Texas. Minors (those under the age of 18),incapacitated persons,

> > > debtors of the ward, parties to any lawsuit affecting or

potentially

> > > affecting the welfare of the proposed ward may not be

guardians, and

> > > nonresidents who have not filed the name of a resident agent in

> > Texas

> > > to accept services of process.

> > >

> > > This is a little of Guardianship in Texas.

> > >

> > > Irma,20,DS/ASD

> > >

> >

> >

> >

>

>

>

> --

> Sara - Life is a journey- we choose the path.

>

>

>

[Guest guest]

Thanks Karyn. Wisconsin has some great programs. theyw ere one of the

first states in the nation back 20 years ago to establish programs on

college campuses for people with cognitive impairments.

IT is usually considered safer to have guardianship. Depends on each

person's circumstances. Elie too would give his consent to anyone for

anything. We got DPOA in a fit of pique because his school and doc insisted

that HE could sign for medical treatment and to change his IEp. The DPOA

stopped that. Now, we will see how safe he is with a MERE DPOA.

>

> We live in Wisconsin. is 19 years old. We have full

> guardianship of . Wisconsin is pretty progressive about

> guardianships. Certain rights can be retained. I personally know

> individuals who have retained the right to vote and marry. We also

> have guardianships over specific areas such as just financial and

> medical. When guardianship was granted we were instructed by the

> Judge that was to have a say in all decisions as much as he

> could.

> We didn't have to pay anything to have the guardianship established.

> He had to have a competency exam and that was done during his regular

> psychiatric appt. The guardian ad litem had a fee but since has

> no money the county paid that amount.

> I was a residential casemanager for a while and had good and bad

> experiences with individuals situations with people who had cognitive

> impairment and had or didn't have guardians.

> As a past care provider and now as 's mom I have my views on

> guardianship. 1. be straight about whether the person is really

> capable of understanding and granting power of attorney. If you say

> they are competent to grant it to you then they have that ability to

> grant it to someone else or take it back.

> While the argument can be made that someone can go to court behind a

> guardians back to take away guardianship, that is a more difficult

> process than just having the person in question sign a piece of paper

> granting the " new " person all authority.

> If someone went to court and took away guardianship behind our back

> they would still face court oversight and yearly review of financial

> decisions and changes in living situations.

> If someone has power of attorney there is no court oversight.

> If there is no finding of incompetence and someone took without

> our permission we would have no recourse as long as said it was

> OK, which he would as long as they gave him rock music and his

> favorite foods. Actually, law enforcement may not even look for him

> if it appeared he left of his own free will.

> When I was being paid to assist people I faced a few situations where

> I was talking a woman, who had no guardian, into medical treatment

> when she really didn't understand the options and it was beyond her

> ability to understand. It was not my decision to make but this woman

> didn't understand the options.

> I also had a wonderful situation where a young woman made her own

> choices about relationships that weren't always good but she knew

> what she was doing and the possible consequences. She didn't always

> make the choices that we considered safe but they were her choices.

> I don't want to control 's life but I want him to be safe and

> not allow someone to take advantage of him.

>

> Karyn

>

>

> > > > >

> > > > > Irma,Charylene, & Sara, I know that I can learn so much from

> you

> > > guys

> > > > > because your kids are older. What are you all talking about? I

> > > know

> > > > > of the special needs trust but what is this about guardianship

> > > and

> > > > > when do you need this? I want to always be involved and when I

> > > > > cannot my daughter wants to be involved in 's care. Help.

> > > Cyndi B

> > > >

> > > >

> > > > Cyndi,

> > > >

> > > > I'll let the veterans share this piece as they have been on this

> > > > journey before I have. Most of all those who will recognize

> around

> > > > your state with resource information.

> > > >

> > > > I could share a little on behalf of Guardianship in Texas.

> > > > When our individuals turn 18 y/o, they are considered adults and

> > > this

> > > > is when one seeks action towards guardianship.

> > > > There are some barriers in our case financially, it is still in

> the

> > > > works but in the mean time I had seek Durable Power of Attorney.

> > > > There are explanation of Guardian's Duties,

> > > > Guardians of the person,

> > > > Guardians of the estate.

> > > > Power of Attorney and Guardianships,

> > > > Some family members have powers of attorney for medical and/or

> > > > financial assistance. Financial powers of attorney do not

> prevent

> > > the

> > > > incapacitated person from making his or her own financial

> decisions

> > > as

> > > > an individual can always revoke a power of attorney.

> > > >

> > > > Power of attorney are used as guardianship avoidance mechanisms.

> > > > However, if a person is already incapacitated, he or she cannot

> > > sign a

> > > > power of attorney and probably needs a guardian.

> > > > Guardian Barriers:

> > > > Guardianships can be expensive to obtain, and therefore, many

> > > > incapacitated persons who need guardians do not have them, and

> use

> > > > power of attorney instead. An interested family member must

> hire an

> > > > attorney to file an application with a probate court for the

> family

> > > > member to appointed a guardian. The list goes on.

> > > >

> > > > What is a guardianship and how do they work? A guardianship is a

> > > > court-supervised administration for a minor or for an

> incapacitated

> > > > person. A person -- called the guardian -- is appointed by a

> court

> > > to

> > > > care for the person and/or property of the minor or

> incapacitated

> > > > person -- called the ward. In some other states, guardianships

> are

> > > > called conservatorships, but in Texas they are called

> guardianships.

> > > >

> > > > http://www.texasprobate.com/faqs/faq_about_guardianships.htm

> > > >

> > > > WHAT IS GUARDIANSHIP

> > > >

> > > > Guardianship is the legal proceeding necessary when someone

> cannot

> > > act

> > > > for themselves. It is most commonly needed when:

> > > >

> > > > An elderly parent is no longer able to make medical or financial

> > > > decisions for themselves

> > > >

> > > > A disabled child becomes an adult -- The Health Insurance

> > > Portability

> > > > & Accountability Act ( " HIPAA " ) may prevent the parent from

> access to

> > > > the child's medical records unless the parent is named

> the " Guardian

> > > > of the Person "

> > > >

> > > > Financial transactions with minors: A child needs to make a

> > > financial

> > > > transaction or has received a gift or inheritance in their own

> name,

> > > > such as the proceeds from a relatives life insurance policy.

> > > >

> > > > Guardianship empowers a court-appointed individual or entity

> (the

> > > > guardian) with the authority to make decisions for an individual

> > > > (ward) who is found to be incapacitated. Adults, minors (someone

> > > under

> > > > 18 years old) and missing persons may be considered

> incapacitated.

> > > The

> > > > court deems a person incapacitated when they are unable to make

> > > > informed decisions and cannot:

> > > >

> > > > * Provide food, clothing or shelter for themselves,

> > > > * Care for their own physical health, or

> > > > * Manage their financial matters.

> > > >

> > > > Guardians have different levels of authority depending on the

> > > > limitations of their ward. Some individuals require

> guardianship for

> > > > both their person and their estate. A guardian who is

> responsible

> > > for

> > > > a person makes decisions related to medical treatment, living

> > > > environment and other matters that safeguard the well-being of

> the

> > > > ward. Estate guardianship grants authority over an incapacitated

> > > > person's property and/or financial affairs. In the event that a

> > > person

> > > > is in immediate danger, the court may grant temporary

> guardianship

> > > > without notice to the ward for up to sixty days. The court may

> also

> > > > initiate guardianship procedures if they are notified that a

> county

> > > > resident appears to be incapacitated and is experiencing abuse,

> > > > self-neglect or exploitation.

> > > >

> > > > Placing a person under guardianship removes many civil liberties

> > > that

> > > > citizens in America enjoy. A ward loses the right to manage his

> or

> > > her

> > > > own affairs; to choose where to live; to consent and refuse

> medical

> > > > treatment; and even the rights to vote and to drive. Because

> these

> > > > rights are so significant, the court requires substantial

> evidence

> > > and

> > > > documentation to substantiate incapacitation. This is a complex

> > > > process that requires the skill and experience of a qualified TX

> > > > guardianship lawyer.

> > > >

> > > > Who can Be Appointed as a Guardian?

> > > > Certain people are disqualified from begin appointed as a

> guardian

> > > in

> > > > Texas. Minors (those under the age of 18),incapacitated persons,

> > > > debtors of the ward, parties to any lawsuit affecting or

> potentially

> > > > affecting the welfare of the proposed ward may not be

> guardians, and

> > > > nonresidents who have not filed the name of a resident agent in

> > > Texas

> > > > to accept services of process.

> > > >

> > > > This is a little of Guardianship in Texas.

> > > >

> > > > Irma,20,DS/ASD

> > > >

> > >

> > >

> > >

> >

> >

> >

> > --

> > Sara - Life is a journey- we choose the path.

> >

> >

> >

[Guest guest]

Charlyne, My sons school district always acts like they are doing you

a favor when they call about the IEP. They always try to let me know

what time they can convene for the meeting. I always tell them I am

not available until after 3:00p.m. and I take off from work enough

for appointments for . Once they tried to say they would start

the meeting without me and I said " Oh I don't think so " . Nothing

surprises me anymore. Ours is coming up in Nov and I am not looking

forward to it. Cyndi B

>

> Hi Cyndi,

> I am far from the expert. I am just beginning to learn and plan for

life after HS. I am just beginning to learn about post secondary

education choices in this area. Geez, already counting down HS. I

learned something today that I believe every parent of a child with a

disability in school should know and understand. I have gone to

countless training sessions on IDEA and school issues. I was

presented with a strange situation that I will not go into detail

about. I consulted four sped attorneys that could not answer my

question. I finally had no choice but to call the education dept. It

is common knowledge, as parents that we have a right to request an

IEP meeting.  According to IDEA, there is no mandate that a local

school district has to comply with an IEP request. If the school team

feels that there is no need to convene a meeting then they can deny

your request. I have never heard of a school team denying a parents

request but it can happen. If the

> parents cannot convince the school team that a meeting is

necessary then you can file a state complaint. Learn something new

every day.

> Charlyne 

>

>

>

> >

>

> > > Sara,

>

> > >

>

> > > At the conference my friends and I had attended will I

understand

>

> > > about the guardianship needed in situations like on what you had

>

> > > mentioned but many are not being told when applying certain

>

> treatments

>

> > > that are part of the IPP, something like this.

>

> > > What is the point of the Guardianship if the group homes and

state

>

> > > schools are just going to do what they want.

>

> > > At the conference it was mentioned that the DOP will not be

>

> > > recognized, can you believe that? That is here in Texas for now

>

> verses

>

> > > other states as told.

>

> > > I do have this on the back burner to pursue this route with the

>

> > > Guardianship but with all the changes going on, it is protecting

>

> > > the best I can when funds are also available.

>

> > > So my mission now is seeking a pro-bone attorney to assist other

>

> > > families who are less fortunate due to every time you turn

around

>

> it

>

> > > is money for Special Needs Trust Funds, wills, therapies,

dietary

>

> > > needs, meds, supplements, etc.

>

> > >

>

> > > The Thank you note was nice and Elie is fortunate to where he

is

>

> at

>

> > > and very content being in an inclusive setting. This is due to

you

>

> > > being pretty proactive. Thank God for Elie able to work over

those

>

> > > hurdles of challenges needed and for people in his life right

now.

>

> > > Prayers that this will continue as he sounds very happy living

>

> > > independently the best possible way. Always a mission

accomplished

>

> > > with what you have shared.

>

> > >

>

> > > Irma,20, DS/ASD

>

> > >

>

> > >

>

> > >

>

> > > >

>

> > > > I was SHOCKED to receive a THANK YOU note from ELie's new

>

> support

>

> > > > coordinator because we " took the time " to come to Elie's

house

>

> to

>

> > > meet him

>

> > > > and meet with him!

>

> > > >

>

> > > > The very thought that because my son is no longer living at

home

>

> > > means that

>

> > > > I am abdicating as his mother is something I have to really

>

> think about.

>

> > > > (Not that I am abdicating, but the thinking that I am). I am

no

>

> > > longer his

>

> > > > day to day caregiver, but I am certainly involved in his care

>

> and

>

> > > his life

>

> > > > and his everything. He is still my son.

>

> > > >

>

> > > > HAving said that, I can understand that group homes have a

>

> different

>

> > > view.

>

> > > > My firend who has a 26 yo son with TBI from birth and

autistic

>

> behaviors

>

> > > > with explosive behavior disosrder has decided that her son

>

> would benefit

>

> > > > more from living in a group hoome sittuation with 24/7 staff

>

> and three

>

> > > > residents. She was told point blank that she cannot have a

say

>

> in

>

> > > his doc,

>

> > > > meds, diet. Need I say she is appalled and taking this to the

>

> state

>

> > > level

>

> > > > for adjudication. She is her son's legal guardian andhas no

>

> plans

>

> > > for his

>

> > > > doc's changing nor his medications.

>

> > > >

>

> > > >

>

> > > >

>

> > > >

>

> > > >

>

> > > >

>

> > > > --

>

> > > > Sara - Life is a journey- we choose the path.

>

> > > >

>

> > > >

>

> > > >

[Guest guest]

We are similair at our house too. We agreed many years ago never to put

into a group home etc, the only agency he works with is the workshop for his

employment training, and they provide respite weekly so nathan can go hang at

the drop in center with his pals and play games,watch a movie etc, its a whole

schedule of events every month, lets him be social with others like him, who he

seems to greatly enjoy participating activities with. We are in the progress

right now of getting gaurdianship of nathan before he turns 18 in august. And

after the new year we are to start filling out the paperwork for his SSI. We

have stated our goals for several years for him, all are aware the he is living

at home after his school years. I dont by anymeans think bad thoughts of  those

parents and families who do have a loved one in a group home, its like school

really one does what works best for them and their child. Now if nathan someday

wants to move out,

then we will work with him to a suitable situation all around. I think its

fantastic what elie is doing, very proud of him, very grown up, also seems like

a fantastic couple he lives with. shawna

 

CLOCK : A small mechanical device to wake up those without children

http://sewshawna.blogspot.com

________________________________

To:

Sent: Sunday, November 2, 2008 2:16:38 PM

Subject: Re: Supporting our family members

Sara, I have heard of these situations happening. The probate will appoint an

outside guardian relieving the parent, change the group home so the parent has

no contact and no address. The parent can spend years or until there death tied

up in court hearings will no result.It also happens to senior citizens. Zeb will

stay home and I will refuse the services from any agency or the monies. It

scares me beyond words.

Charlyne

From: Sara Cohen <pastmidvale@ gmail.com>

Subject: Supporting our family members

To: @yahoogrou ps.com

Date: Sunday, November 2, 2008, 11:01 AM

I was SHOCKED to receive a THANK YOU note from ELie's new support

coordinator because we " took the time " to come to Elie's house to meet him

and meet with him!

The very thought that because my son is no longer living at home means that

I am abdicating as his mother is something I have to really think about.

(Not that I am abdicating, but the thinking that I am). I am no longer his

day to day caregiver, but I am certainly involved in his care and his life

and his everything. He is still my son.

HAving said that, I can understand that group homes have a different view.

My firend who has a 26 yo son with TBI from birth and autistic behaviors

with explosive behavior disosrder has decided that her son would benefit

more from living in a group hoome sittuation with 24/7 staff and three

residents. She was told point blank that she cannot have a say in his doc,

meds, diet. Need I say she is appalled and taking this to the state level

for adjudication. She is her son's legal guardian andhas no plans for his

doc's changing nor his medications.

--

Sara - Life is a journey- we choose the path.

[Guest guest]

Just remember - we are in our mid 60's with Elie 23. Some of you are 40ish

with late teens,e arly 20's. The issues are different. When we were

younger, we kept Elie at home. The reason his is not at home is that we

wanted him prepared for when we are not here. Bob is not well altho not

near death, just long term chronic debilitation. I am basically healthy (as

long as I take my pills :`) ) but who really knows " for whom the bell

tolls " ?

I will be rechecking on the guardianship issue as my friends who have

guardianship (two of them now in GA) are having issues of people usurping

their guardianship. Bad sess on these people.

> We are similair at our house too. We agreed many years ago never to put

> into a group home etc, the only agency he works with is the workshop

> for his employment training, and they provide respite weekly so nathan can

> go hang at the drop in center with his pals and play games,watch a movie

> etc, its a whole schedule of events every month, lets him be social with

> others like him, who he seems to greatly enjoy participating activities

> with. We are in the progress right now of getting gaurdianship of nathan

> before he turns 18 in august. And after the new year we are to start filling

> out the paperwork for his SSI. We have stated our goals for several years

> for him, all are aware the he is living at home after his school years. I

> dont by anymeans think bad thoughts of those parents and families who do

> have a loved one in a group home, its like school really one does what works

> best for them and their child. Now if nathan someday wants to move out,

> then we will work with him to a suitable situation all around. I think its

> fantastic what elie is doing, very proud of him, very grown up, also seems

> like a fantastic couple he lives with. shawna

>

> CLOCK : A small mechanical device to wake up those without children

>

> http://sewshawna.blogspot.com

>

> ________________________________

> From: charlyne olko <charlyne1121@...<charlyne1121%40sbcglobal.net>

> >

> To:

> Sent: Sunday, November 2, 2008 2:16:38 PM

> Subject: Re: Supporting our family members

>

> Sara, I have heard of these situations happening. The probate will appoint

> an outside guardian relieving the parent, change the group home so the

> parent has no contact and no address. The parent can spend years or until

> there death tied up in court hearings will no result.It also happens to

> senior citizens. Zeb will stay home and I will refuse the services from any

> agency or the monies. It scares me beyond words.

> Charlyne

>

>

> From: Sara Cohen <pastmidvale@ gmail.com>

> Subject: Supporting our family members

> To: @yahoogrou ps.com

> Date: Sunday, November 2, 2008, 11:01 AM

>

> I was SHOCKED to receive a THANK YOU note from ELie's new support

>

> coordinator because we " took the time " to come to Elie's house to meet him

>

> and meet with him!

>

> The very thought that because my son is no longer living at home means that

>

> I am abdicating as his mother is something I have to really think about.

>

> (Not that I am abdicating, but the thinking that I am). I am no longer his

>

> day to day caregiver, but I am certainly involved in his care and his life

>

> and his everything. He is still my son.

>

> HAving said that, I can understand that group homes have a different view.

>

> My firend who has a 26 yo son with TBI from birth and autistic behaviors

>

> with explosive behavior disosrder has decided that her son would benefit

>

> more from living in a group hoome sittuation with 24/7 staff and three

>

> residents. She was told point blank that she cannot have a say in his doc,

>

> meds, diet. Need I say she is appalled and taking this to the state level

>

> for adjudication. She is her son's legal guardian andhas no plans for his

>

> doc's changing nor his medications.

>

> --

>

> Sara - Life is a journey- we choose the path.

>

>

[Guest guest]

cyndi, we were instructed to obtain guardianship for nathan before he turns 18.

We started the paperwork several weeks ago after he turned 17. shawna

 

CLOCK : A small mechanical device to wake up those without children

http://sewshawna.blogspot.com

________________________________

To:

Sent: Sunday, November 2, 2008 10:46:08 PM

Subject: Re: Supporting our family members

Irma,Charylene, & Sara, I know that I can learn so much from you guys

because your kids are older. What are you all talking about? I know

of the special needs trust but what is this about guardianship and

when do you need this? I want to always be involved and when I

cannot my daughter wants to be involved in 's care. Help. Cyndi B

> I too am worried about interventions over which I will have no

control.

> Right now, we have a DPOA. Guardianship we have not done because I

do not

> want to stop Elie from voting or doing other age appropriate things

which

> guardianship in this state will entail. If he wants to marry

(right now he

> doesn't even know what that means!) I would want to be involved,

and help to

> arrange his care, but I don't think I would stop him.

>

> Right now - and I emphasize that- he takes NO meds, he has a doc

who is

> holistic, so I don't have that worry. But time will tell.

>

> And we still have not set up a Special needs trust due to the costs

> involved. But we are getting closer. We have re-written our wills

to have

> one established at our death if we have not already done so!

>

> On Sun, Nov 2, 2008 at 11:22 AM, mum592001 <itcanfield@ ...> wrote:

>

> > Sara,

> >

> > At the conference my friends and I had attended will I understand

> > about the guardianship needed in situations like on what you had

> > mentioned but many are not being told when applying certain

treatments

> > that are part of the IPP, something like this.

> > What is the point of the Guardianship if the group homes and state

> > schools are just going to do what they want.

> > At the conference it was mentioned that the DOP will not be

> > recognized, can you believe that? That is here in Texas for now

verses

> > other states as told.

> > I do have this on the back burner to pursue this route with the

> > Guardianship but with all the changes going on, it is protecting

> > the best I can when funds are also available.

> > So my mission now is seeking a pro-bone attorney to assist other

> > families who are less fortunate due to every time you turn around

it

> > is money for Special Needs Trust Funds, wills, therapies, dietary

> > needs, meds, supplements, etc.

> >

> > The Thank you note was nice and Elie is fortunate to where he is

at

> > and very content being in an inclusive setting. This is due to you

> > being pretty proactive. Thank God for Elie able to work over those

> > hurdles of challenges needed and for people in his life right now.

> > Prayers that this will continue as he sounds very happy living

> > independently the best possible way. Always a mission accomplished

> > with what you have shared.

> >

> > Irma,20, DS/ASD

> >

> >

> >

> > >

> > > I was SHOCKED to receive a THANK YOU note from ELie's new

support

> > > coordinator because we " took the time " to come to Elie's house

to

> > meet him

> > > and meet with him!

> > >

> > > The very thought that because my son is no longer living at home

> > means that

> > > I am abdicating as his mother is something I have to really

think about.

> > > (Not that I am abdicating, but the thinking that I am). I am no

> > longer his

> > > day to day caregiver, but I am certainly involved in his care

and

> > his life

> > > and his everything. He is still my son.

> > >

> > > HAving said that, I can understand that group homes have a

different

> > view.

> > > My firend who has a 26 yo son with TBI from birth and autistic

behaviors

> > > with explosive behavior disosrder has decided that her son

would benefit

> > > more from living in a group hoome sittuation with 24/7 staff

and three

> > > residents. She was told point blank that she cannot have a say

in

> > his doc,

> > > meds, diet. Need I say she is appalled and taking this to the

state

> > level

> > > for adjudication. She is her son's legal guardian andhas no

plans

> > for his

> > > doc's changing nor his medications.

> > >

> > >

> > >

> > >

> > >

> > >

> > > --

> > > Sara - Life is a journey- we choose the path.

> > >

> > >

> > >

[Guest guest]

Sara,

I completely understand and think you have done a fabulous job for Elie. I am

not far behind you although I stopped adding another year at 40. I have heard

stories about attorneys and groups vieing for guardianship for the fast buck,

being paid administration fees for doing nothing and separating their charges

from the families. The families get tied up in probate for years costing a small

fortune. I have had the worst of the worst with school and have no trust of

anyone, my issues. Public school is hard enough without adding court issues to

the mix.

Charlyne

> From: Sara Cohen <pastmidvale@ gmail.com>

> Subject: Supporting our family members

> To: @yahoogrou ps.com

> Date: Sunday, November 2, 2008, 11:01 AM

>

> I was SHOCKED to receive a THANK YOU note from ELie's new support

>

> coordinator because we " took the time " to come to Elie's house to meet him

>

> and meet with him!

>

> The very thought that because my son is no longer living at home means that

>

> I am abdicating as his mother is something I have to really think about.

>

> (Not that I am abdicating, but the thinking that I am). I am no longer his

>

> day to day caregiver, but I am certainly involved in his care and his life

>

> and his everything. He is still my son.

>

> HAving said that, I can understand that group homes have a different view.

>

> My firend who has a 26 yo son with TBI from birth and autistic behaviors

>

> with explosive behavior disosrder has decided that her son would benefit

>

> more from living in a group hoome sittuation with 24/7 staff and three

>

> residents. She was told point blank that she cannot have a say in his doc,

>

> meds, diet. Need I say she is appalled and taking this to the state level

>

> for adjudication. She is her son's legal guardian andhas no plans for his

>

> doc's changing nor his medications.

>

> --

>

> Sara - Life is a journey- we choose the path.

>

>