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My sister has been diagnosed with kidney failure and has…

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My sister has been...

My sister has been diagnosed with kidney failure and has refused to accept dialysis. She is paranoid schizophrenic and takes medication. The hospital has requested that I take guardianship to be able to sign for her to receive dialysis and a permanent cath to deliver the medication. I do not want to be responsible for her debt. If I assume guardianship, can a clause be added to protect me from being responsible when her money runs out. She is in the hospital and they are pushing.

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Virginia

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My sister can be very confrontational. She has some funds and is on Medicare but not Medicaid. Her mental health is stable when meds are continued. The medications were discontinued due to kidney problems and once they are out of her system, she refuses any medications.

Submitted: 10 months ago.Category: Family Law
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9/28/2017
Family Lawyer: FamilyAttorney, Lawyer replied 10 months ago
FamilyAttorney
Category: Family Law
Satisfied Customers: 1,552
Experience: Owner, attorney in private practice, appellate attorney, GAL & former trial lawyer, licensed for 38 years
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Hello and thanks for using Just Answer. I’m a licensed attorney with 37 years’ extensive experience in family law, trials, appeals, contracts, landlord-tenant, and other types of law.

This is general information and not legal advice. No specific course of action is proposed, and no attorney-client relationship is formed. This is for educational purposes only.

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Family Lawyer: FamilyAttorney, Lawyer replied 10 months ago

I agree that guardianship is the way to go here.

A guardian is the person appointed to handle the affairs of the incapacitated person.

A conservator handles the financial affairs of the incapacitated person.

You would just be looking to be the guardian, not the conservator.

Even so, guardians and conservators are not required to spend their own funds to care for the incapacitated person.

So you would not be on the hook for her financially. But you can always ask a judge to put that in an order if that makes you feel better. Make sure to file for guardianship only and let someone else file for conservatorship. That's probably the best thing here. This way, you have nothing to do whatsoever with the finances.

If YOU don't want to be the guardian, the court can appoint someone else to be a guardian. It doesn't have to be you. A court can appoint someone else, even a stranger, if they believe the person is able to take charge of the situation. Some courts have lists of people who are willing to serve as guardians.

If you do file for guardianship, make sure you have an attorney help you with it. Guardianship can be difficult especially when the ward (your sister) will make it more difficult.

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