need medical attention
I think it's great that you are taking charge of your care. You can find Georgia statutory powers of attorney at the Atlanta Legal Aid website. Don't use just any form; make sure they are the Georgia statutory forms. I've seen people use lots of forms on the internet (including attorneys), and they end up not giving the agent to the powers that the agent needs. Also, the Georgia statutory forms are pretty good. Be sure to follow the instructions on the form. The instructions will walk you through what you need to do.See question
My son is 22. He has mental health issues, autism and over the counter drug addiction. For the past five years I have fought to get him treatment through medicaid and now in addition my Obamacare insurance. He has progressively gone downhill the p...
I'm sorry that you are dealing with these issues. Mental illness is by far one of the most difficult issues I have to address as an elder law attorney. It is also the area that I can provide the least satisfying resolutions.
Guardianship may solve part of your issue in that you can keep him from living in your house and you can establish his residence elsewhere. You cannot, however, force him to live in a medical institution or to take psychiatric medication. That goes beyond the guardian's authority. If he poses a danger to himself or others, you can seek an involuntary commitment process through the courts. That is the only process that I am aware of that will force him to receive inpatient care and to take medication for his condition.
You do have the option of filing a petition for guardianship and nominating DFCS to serve as his guardian. The good news is that you would no longer be responsible for his care. The bad news is that you may not like the care that he receives.
You may want to check with the Department of Behavioral Health and Developmental Disabilities to see what programs are available for him. DBHDD does offer some residential options, but your son probably needs to be willing to go. DBHDD may also offer other programs that could benefit your son.
I hope this provides you some guidance to your very complicated situation. Good luck, and stay safe!
She is almost ninety years old and they have spent most of there savings on home care- sitters and supplies and such. We were going to inherit the home later.
In general, there should be no problem purchasing your sister-in-law's home for fair market value. However, if her husband is planning on using Medicaid to help fund his care in a nursing home, I would recommend she consult an elder law attorney before the purchase. A purchase for too little money could disqualify her spouse from receiving Medicaid for a period of time. Likewise, a purchase for fair market value could delay his receipt of the Medicaid funds and impact your sister-in-law's ability to pay for her own living expenses while her husband is in the nursing home.
That you were to inherit the home later really doesn't impact this analysis. Will are interesting documents in that they really don't have any legal impact until someone passes. Thus, the analysis at this point really focuses on whether you are able to purchase the home (do you have the money to do so and is your sister-in-law and her husband competent to sell the home) and the impact of the sale on any public benefits they need to receive.
Good luck!See question
I need to handle legal/financial matters
I'm sorry to hear about the loss of your son.
To handle your son's financial affairs at this point, you need to seek to become the administrator of his estate, if he doesn't have a will. If he does have a will, the will needs to be filed with the court and an executor appointed. Powers of attorney are documents used during an individual's life and become ineffective at an individual's death.
Please accept my condolences for your loss.See question
And he has copd and they are leaving his oxygen off. I came in today and he has dried ip throw up in a plastic basin by his bed.
I'm sorry to hear about your father-in-law. I don't know whether he needs a power of attorney or not. That depends on a variety of issues.
My first concern is where your father-in-law is now and whether he's receiving appropriate care. You received some good advice with respect to hospital care. Unfortunately, hospital patients need good advocates to help them receive appropriate care, and that may be you going to the nurses station to find out what has happened.
If he's at home or in a facility, you have another problem altogether. If he's in a house where he's not receiving good care, you may need to move him into a facility where he can receive appropriate care. If he's not willing to move or if the family member isn't willing to move him, you may have to address this issue in court and seek a guardianship.
If he's in a facility (assisted living, nursing home or personal care home), you can file a complaint with the Division of Healthcare Regulation. The complaint intake phone number : 1-800-878-6442 and fax: 404-657-5731. My suggestion is to send a fax; the last time I called the number, the mailbox was full.
I hope this posts addresses your concerns. Good luck!See question
He wants to live with his male lover that he only met on internet never seen him before and he lives out of ga
This scenario has danger written all over it. No, a non-emancipated minor cannot go off with a stranger, disability or not. The family should consider getting a guardianship in place within six months of your grandchild's 18th birthday to protect him from predators.
Encourage his parents to meet with a special needs planning attorney to discuss the planning techniques most appropriate for your grandson.See question
A close family friend 90 years old has been wrongfully put under guardianship of her son without her knowledge or consent. The son has visited his mother three times in the last thirty years. She is fully capable of handling her own affairs. The s...
I'm sorry to hear about your family friend.
The good and bad news is that the police were wrong. A guardian has the statutory obligation of allowing the ward, your friend, to visit with family and friends. You need to file a petition with the Probate Court in the county in which your friend resides stating that the guardian is not allowing visitation and detailing the unsuccessful attempts to visit as well as the ban notice.
Good luck!See question
My father is permanently disabled and lives off of Medicare and Medicaid. SSI disability to be exact. He is currently in the hospital and unable to return to his previous living situation alone. I need the power to move him because of medical need...
I am sorry to hear about your challenges with your father. If your father is not competent to make decisions about his health and safety, then you will need to go to Probate Court and file for a guardianship. The guardianship forms are available at both the Probate Court and at gaprobate.gov. Once you get a guardianship in Georgia, you can then transfer the guardianship to South Carolina.
I recommend that you contact a local attorney to discuss the guardianship process. It is a fairly user-friendly process, but it can be overwhelming for someone who is not familiar with what to expect.
Also recognize that your father may be perfectly competent but unwilling to enter a facility. As long as he is competent, he is legally able to make bad decisions and to refuse to enter any facility. These are always tough situations, and I wish you the best of luck.See question
My sister has a mental illness and is very ill. The family recently had an order signed to have her picked up and taken to the hospital. When she got there they discovered that she has breast cancer, but because of her mental illness she keeps t...
I'm very sorry to hear about your sister. You are probably looking at involuntary commitment proceedings. For better or worse, individuals under a guardianship have the right to refuse medical treatment. A court needs to get involved if your sister's actions pose a danger to herself or others.
I found a pretty good explanation of the involuntary commitment process on line at http://developmentcounts.com/ethical-use-1013s. It's written from the perspective of a treating psychologist.
I do not handle involuntary commitment proceedings, but I can refer you to an attorney who does if you PM me off line.
Good luck with your matter!See question
Okay I have a sister and she lives here in Atlanta I live down the street from her will she married this recovering addict and after she married him we had Power of Attorney papers drawn up and she signed them
I'm not quite sure what you are asking. I will assume that you are the agent under your sister's power of attorneys, and that there is some sort of clause in the power of attorney concerning animals. The power of attorney gives you the right to do whatever your sister allows you to do under the power of attorney. If the power of attorney gives you the right to write checks from her bank account, you can write checks from her account. If it says you can only write checks from her account on Mondays, you cannot write a check from her account on a Friday. Your sister retains the right to do anything she allows you to do. Thus, if the power of attorney gives you the right to write a check from her account, she continues to have the ability to write a check from her account.
The good news is that the power of attorney (POA) does not make you responsible for her obligations. If you have the ability to provide financially for her pets, then you have the ability to pay bills with the POA from your sister's account; you have no obligation to pay those bills with money from your bank account.
I hope this answers your question.