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RayAnswers, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 36403
Experience:  30 years as Texas lawyer representing consumers
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My sister suffered a mental illness event. She has been admitted

Customer Question

My sister suffered a mental illness event. She has been admitted to an adult behavioral unit at a medical center. There's no real diagnosis from the doctors at this time other than Alzheimer's-like symptoms. She's often confused and her lucidity varies. She was laid off from her position as an Assistant Underwriter about a year and a half ago. There is no medical power of attorney. I feel that the hospital is wanting to discharge her as soon as possible because she is indigent, but because her lucidity varies, it's hard to find out what her income is so that we can apply for Medicare and pay her household expenses. What do I need to do? (She has a son, but he's not much help).
Submitted: 5 months ago.
Category: Consumer Protection Law
Expert:  RayAnswers replied 5 months ago.
Hi and welcome to JA. Ray here to help you tonight. I am so sorry you are going through all of this.If you can go through her stuff look for last years tax return.That would give you income and assets here for medicaid.They are going to want to see her bank statements anyway. My experience with this kind of situation is to claim she has no back up or caregiver so they cannot just discharge her.I have found they will do so if you tell them you will help out.Even if you can here you should claim she is without a caregiver or anyone to help. Long term she needs a guardian.I would contact Adult Protective Services to see if they help with guardianship and placement.
Expert:  RayAnswers replied 5 months ago.
You call APS in the county where she is a resident See if they cannot help here since if she is discharged she is unable to manage her affairs.
Expert:  RayAnswers replied 5 months ago.
APS GuardianshipAn adult is entitled to make his/her own decisions until the court, through a guardianship hearing, determines he/she lacks the ability to make decisions that adequately provide for his/her physical health, safety, or self-care. County APS programs are not required to petition for guardianship or to become an adult's guardian, so each county establishes its own policy.If the county APS program will petition for and/or accept appointment as a guardian, the county APS program is always the guardian of last resort. Guardianship is not a "quick fix," as it takes many weeks from initial casework to court hearing. It is only in rare situations that a court will grant an "emergency" guardianship. The court will usually limit the guardian's (county's) powers to those needed to protect the ward (client) at the time of the guardianship hearing. For example, the guardian may be given the power to make all financial decisions for the ward, to make only routine medical decisions, and to place the ward in a group home or assisted living facility. APS may not take guardianship because of a lack of financial and staff resources. Guardianships are very time and resource intensive. APS will not take guardianship to place a competent adult in a long-term care facility or to prepare a discharge plan for an adult leaving a hospital or long-term care facility. Sometimes APS will not take guardianship because circumstances and/or the needs of the at-risk adult would prevent APS from being able to insure the adult's health, safety, or welfare. In these situations, guardianship would not resolve the at-risk adult's health, safety, or welfare concerns. For example, even with a guardianship, APS cannot:Impose mental health treatment or medications;Impose alcohol or drug addiction treatment; orPlace a developmentally disabled adult in a regional center.If a ward's circumstances change and the needs of the ward are now beyond the limits in the guardianship order, the guardian must petition the court to modify the order. For example, the county APS program may change a ward's CPR directive or execute a CPR directive only if the court has granted that power in the guardianship order or in a subsequent hearing.
Expert:  RayAnswers replied 5 months ago. Call APS here to see if they can help with guardianship and placements.She would be at risk here fo self neglect and finacial exploitation. I appreciate the chance to help you tonight. If you can positive rate it is sincerely ***** *****

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