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Question

what do you do when your adult child', who lives in a group home, rights have been violated and the parent is the legal guardian representing the child?

Submitted: 63 days and 10 hours ago.
Category: Legal
Value: $38
Status: CLOSED
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Optional Information

State/Country relating to Question: Alabama

Already Tried:
I have contacted The Alabama Department of Mental Health and asked for an advocate. One has not contacted me as of today. T have tried to talk with the group home adminstration and have received some response but they have not communicate with me as they should and seem to pass the issue down the chain of command or swept the issue of good medical care under the rug and actually told me they will take control of his medical care and I am to stay out of anything concerning his care. I am his mother and legal guardian.

Posted by Dimitry Alexander Kaplun 63 days and 10 hours ago.

Info Request

Could you provide a bit more facts about what exactly occurred?

Could you also tell me what state this occurred in?

63 days and 9 hours ago.

Reply

My son is autistic and lives in a group home. He has been put on some very powerful medication. He has had a psychiatrist up until May of this year when his doctor said he had to let him go because he felt he could not treat him as he needed to because of the noncompliance of the people in charge of seeing that his orders were carried out. His medical orders were ignored and not changed as directed since the person in charge of seeing the doctor's orders were followed said that she did not think his medication should be reduced. This person has absolutely no medical training at all. She would not follow the doctor's orders until threatened by the doctor's staff. Since that time, the group said they could not find him a new doctor and wanted me to. I searched over the internet and exausted every resource in the area in order to find him a new psychiatrist. The problem is that he has medicare and the number of doctors are limited. I did find one who would take my son one and a-half hours away. I informed them immediately of the appointment and all necessary information they needed at the group home. After the appointment the director who is over seeing that all behavioral meds are given called a meeting and said that I had not informed them of the meeting or signed a release form for them to get information from the doctor they needed. They gave me no release form to sign and I talked directly to the office and gave more than the 5 days required notice for doctor's appointments. After the doctor's appointment the person in charge of attending these doctor's appointments called a meeting. I am supposed to be part of these meetings but I was not informed of the meeting until after the fact. None of the people at this meeting has any medical training at all. I was then called and told that the group home was taking over my son's treatment and they would be taking him to a doctor nearby for an evaluation. They also said that they thought it would be a good idea if I did not take my son home on his regular visits for a month. I got that letter today. I do not understand that request at all. I am a teacher of autistic and other special needs children in the state of Tennessee. I have been teaching for 27 years. My son is 35 years old and gets very upset when he does not get to go home. I of course did not get in touch with anyone today since it is the weekend and no one can be reached in authority. The caretakers at the group home where my son lives are very good and take very good care of him. They said he has been up set because he has not got to go home this weekend. I know I am rambling but I to am upset. Apparently these people think they own my son, but he pays $800.00 per month to live there and I supply all of his other needs. I know all about 94-142 for children and I have always been a good advocate for my son. How do I go about seeing that he gets the best medical care available, that I take part in his treatment plan, and that they do not over medicate him. He has lived in this group home for 7 years and there have been no problems until this person over behavior has started making up the rules as she goes. Even his medical doctor does not want the group home to bring him to the doctor unless either I or another family member is there. What can I do? And who do I see?

Posted by Dimitry Alexander Kaplun 63 days and 9 hours ago.

Answer

Wow. Thank you very much for the additional facts.

First of all, please do not worry and I will do my best to provide you with the best path to take. You have every right to be upset but you have a multitude of options. Here are some of them:

1. As the guardian, it is YOUR choice for what medical options you can subject your son, when those options are being used on a regular basis. In other words, in a nonemergency situation, your right to what medication to provide, or what doctor to see is over-ruled by whatever decision the home can make, unless they have a medical power of attorney on your son. You can take your son to any medical, and you do NOT have to take them to the expert that the group home directed you to.

2. It is also YOUR choice to see your son, or take him home, if the medical home's treatment does not conflict (since he has been there for 7 years, it is very unlikely that it has).

3. This is what you do. In your case I strongly urge you to see an elder law attorney or an attorney who specializes in medical disability. The reason you may want to see an elder law attorney is because they are already used to dealing with group and nursing homes (and the rules are mostly the same for access, medical use, and treatment). Have the attorney send a certified letter on his letterhead stating that ANY decision made for the medical treatment of your son must be approved by you, and any notice of meetings MUST be sent to you at least 5 days prior to that meeting, in writing, or else you may want to consider legal options in dealing with them. those options include suits demanding service and access, as well as possible malpractice suits.

Sincerely,

XXXXXXX XXXXXXXXX XXXXXX, Esq.

63 days and 8 hours ago.

Reply

Do you know of any attorney in the Huntsville, Decatur,or Birmingham Alabama area who might be able suitable as an attorney in this case. I realize that you are not from this area, but is there any chain I can go through to find an attorney without calling everyone in the phone book? Time is important since they have informed me of a meeting they want me to attend Oct. 14th. to discuss my son. Is there some agency I call? By the way I have every intention of picking up my son tomorrow and bringing him home for a day visit. I am trying to do my job and help other mothers like me with disabled children. Trying to work a very challenging job and trying to help my son and facing the resistance I am facing is really taking its toll on me both physically and mentally. My family doctor tells me I have to get out from under some of this stress or I will end up in the hospital myself. The thought of calling every number in this area and getting the right attorney is mind boggling.

Accepted Answer

I would love to help but as per JustAnswer.com guidelines, I cannot give a specific referral, nor can I take on clients that may solicit me through this website.

I think you should contact the Alabama Bar Association, and ask them for their list of referrals who handle elder law and disability law.

Second, you may also want to visit www.avvo.com where you can find local attorneys who are also ranked by other attorneys and past clients. here, you can search by specialization, location, and can read testimonies.

Sorry, that is the best that I can do.

Sincerely,

XXXXXXX XXXXXXXXX XXXXXX, Esq.

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Expert: Dimitry Alexander Kaplun
Pos. Feedback: 99.0 %
Accepts: 
Answered: 9/20/2009

Attorney

Licensed in PA & NJ, specialize in business/contract disputes, immigration, estate creation & admin

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