Re: Supporting our family members

[Guest guest]

Sara,

We are very fortunate in WI but budget cuts over the last five years

have really hurt services. When I worked in residential care in the

1990s we were looking at things as a next step in self-advocacy and

meeting individual needs. I really feel that all of that stopped dead

in it's tracks and we have lost ground.

Family care is in place in several counties and will be coming to the

rest of the state soon. It is placing the money in the hands of the

person being served and they (or guardians) choose providers. I'm

hoping it will give us guardians more leverage with the providers and

county casemanagers. I'm sure the complexity of the MA waivers will

still keep many of us hostage.

I'm more than a bit bitter over how much power people at the county

and state level have over services and as a result our lives.

I'll get off my soap box.

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]

It is really distressing that if I choose self-directed funding what a LARGE

piece of the total dollars go to an organization which handles the money.

Medicaid rules forbid families to handle money. now if I decided to become

an agency to serve my son, then I could bill directly and get paid but the

whole point is that I need to be out of the circle - hovering over all as

director at a distance.

> Sara,

> We are very fortunate in WI but budget cuts over the last five years

> have really hurt services. When I worked in residential care in the

> 1990s we were looking at things as a next step in self-advocacy and

> meeting individual needs. I really feel that all of that stopped dead

> in it's tracks and we have lost ground.

> Family care is in place in several counties and will be coming to the

> rest of the state soon. It is placing the money in the hands of the

> person being served and they (or guardians) choose providers. I'm

> hoping it will give us guardians more leverage with the providers and

> county casemanagers. I'm sure the complexity of the MA waivers will

> still keep many of us hostage.

> I'm more than a bit bitter over how much power people at the county

> and state level have over services and as a result our lives.

> I'll get off my soap box.

>

> 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]

I don't want to minimize what you, Charlyne and Sara, are sharing

about the negative things that you have seen with group homes and

guardianships. But, had a very good experience in a group home

with three other adolescent young men. He is also having great

success in his current supported living arrangement. Unfortunately

the term group home can mean greatly different things depending on

where you are. Even one county to another vary greatly here. Some

counties have group homes that I wouldn't let my dog spend an hour

in.

I love Elie's living arrangement. I think it is great for him and

those sharing his life with him. Unfortunately, that isn't a scenario

that would meet 's needs. ( hasn't exactly gone with my

dreams of inclusion and self-advocacy for himself- I should say he

advocates for himself just not necessarily in socially acceptable

ways)

We had a bad group home experience. We have also had a few years in a

bad school district but we have had a wonderful time in two good

school districts. they have all made there mistakes but so have I.

I guess all I'm trying to say is that not all group homes are

terrible. I much prefer supported living arrangements and

arrangements like Elie's but everyone is an individual and we all do

the best we can for our children.

Karyn

>

> > 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]

I agree that we have been very lucky - so far. Who knows how long this will

last? For now - Elie is doing Ok in this Frat House environment. We still

need to work on the work component but I honestly feel guilty even thinking

about paid work with so many who have families neding jobs. But we will

see. Right now, he is fine.

I will tell you that group homes with oversight can be wonderful as well -

all depends on theindividual cirtcumstances - as you say- just like schools

- even classroom to classroom can vary greatly.

But if all of you will bear with me , I will keep you aprised of how this

adaventure for my child plays out.

> I don't want to minimize what you, Charlyne and Sara, are sharing

> about the negative things that you have seen with group homes and

> guardianships. But, had a very good experience in a group home

> with three other adolescent young men. He is also having great

> success in his current supported living arrangement. Unfortunately

> the term group home can mean greatly different things depending on

> where you are. Even one county to another vary greatly here. Some

> counties have group homes that I wouldn't let my dog spend an hour

> in.

> I love Elie's living arrangement. I think it is great for him and

> those sharing his life with him. Unfortunately, that isn't a scenario

> that would meet 's needs. ( hasn't exactly gone with my

> dreams of inclusion and self-advocacy for himself- I should say he

> advocates for himself just not necessarily in socially acceptable

> ways)

> We had a bad group home experience. We have also had a few years in a

> bad school district but we have had a wonderful time in two good

> school districts. they have all made there mistakes but so have I.

> I guess all I'm trying to say is that not all group homes are

> terrible. I much prefer supported living arrangements and

> arrangements like Elie's but everyone is an individual and we all do

> the best we can for our children.

>

> Karyn

>

>

> >

> > > 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.

> >

> > >

> >

> > >