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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Legal
Satisfied Customers: 17515
Experience:  B.A.; M.B.A.; J.D.
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I work in--home care agency as General Manager. We have a

Customer Question

I work for an in--home care agency as General Manager. We have a alz/dementia client whose son Ray takes very good care of her. but the guardian, his aunt refuses to allow more hours of care. Ray is exhausted but keeps going on. Son Ray has Aspergers Autism.
Very bright but also paranoid with major trust issues. His mother, our client, is incontinent and he cleans her up faithfully on his 19 hour shift. We are only in there 3-4 hours per week day. We provide 5 hours on each weekend day. This is insufficient time
for Ray to recharge. Ray only has a sister Becky who is mentally challenged and disruptive. Ray understands and functions logically. He cannot handle funds. He cannot work nor drive. He and his mother lived together for years and she does not want any other
family member replacing Ray. And, when she was lucid, she adamantly stated she never wanted to be in a nursing home/assisted living place. She wants to be at home. She has a trust about 3 million that funds have not been released for her care. Husband deceased.
Aunt as guardian is a wack job. Keeps Ray unsettled and rarreled by threats of police coming in and DHHR or a senior service govenrment agency coming in to push him out and put mom in a facility. A guardian must surface soon to replace the resigning sister.
As an employee or the business who signed the client up for care and who continues as coordinator, does that disquality me as guardian. The client lives in Martinsburg WV. HELP l
Submitted: 1 year ago.
Category: Legal
Expert:  Phillips Esq. replied 1 year ago.

Regrettably, the answer is yes. You cannot serve as the Guardian of the Client because of your affiliation with the facility that is providing services to the patient/Client. See West Virginia Code, Chapter 44A Section 44A-1-8 for a list of people and entities that can serve as a Guardian or Conservator:

http://www.legis.state.wv.us/WVcode/ChapterEntire.cfm?chap=44a&art=1&section=8#01

Customer: replied 1 year ago.
The best. Very exact and by the book reply. Thanks much. I figured as much.
Expert:  Phillips Esq. replied 1 year ago.

You are quite Welcome!

Kindly give a positive rating to my answer so that I can receive credit for answering your question.

Thank you for your cooperation,

Customer: replied 1 year ago.
I responded earler. Don't know why you didn't get it. Dear Sir, your feedback was excellent. I have taken essential steps to advise the son of his next steps. I need no additional assistance from you or your service however I highly value your sage input and your quick and kind response. Thank you greatly. Warm Regards, Daronda
Expert:  Phillips Esq. replied 1 year ago.

Thank you for your response. However, the system shows that you have not rated my response. You need to rate my response so that I can receive credit for addressing your concerns.

Thanks again for your cooperation.

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