Author Topic: Guardianshp  (Read 6677 times)

nftwoed

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Guardianshp
« on: April 14, 2011, 08:17:02 pm »
Hi;
  Has anyone been the victim of predatory guardianship or is a guardian of an ANer or person with NF 2?
I wonder how likely it is someone could gain guardianship if the person is caring for their own needs, paying their own bills,etc. I mean, they are at increased risk of dange due to hearing loss and vestibular problems. Everything in normal activity of daily living is more difficult, especially if the person lives alone.
  Thanks, if any comments...

Jim Scott

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Re: Guardianshp
« Reply #1 on: April 15, 2011, 02:33:51 pm »
This is a new one.

I'm not an attorney but I'm fairly certain that a court has to assign guardianship and at least one doctor has to provide an affidavit that the 'patient' is unable to manage their care and/or affairs.  If the 'patient' is paying their own bills, etc than I doubt a judge would deem them incompetent and assign a guardian.  However, the 'patient' might be persuaded to assign 'Power of Attorney' which essentially hands the persons finances and any decisions relating to their care over to the person holding the Power of Attorney.  That can be problematic if the person holding Power of Attorney does not have the best interests of the patient in mind.

Many AN patients live alone and function quite well, despite the deficits of unilateral hearing or balance issues.   Of course, every case/person is unique and age and/or general health can be a factor so there is no simple, direct answer to your question but I hope my response is somewhat useful to you.

Jim
« Last Edit: April 15, 2011, 03:14:29 pm by Jim Scott »
4.5 cm AN diagnosed 5/06.  Retrosigmoid surgery 6/06.  Follow-up FSR completed 10/06.  Tumor shrinkage & necrosis noted on last MRI.  Life is good. 

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CHD63

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Re: Guardianshp
« Reply #2 on: April 15, 2011, 03:01:16 pm »
WOW, like Jim ..... this is a new one to me, as well.  Cannot imagine anyone taking guardianship of an AN patient on that basis alone, unless that person has other complicating health issues or has experienced a totally botched treatment.  We may have hearing, balance, fatigue, headache, and depression issues ..... but unless any of these things are totally debilitating, it should not cause one to be unable to manage their own care or affairs.  Bear in mind I am not a doctor nor an attorney but I would surely check in to the legality of any such action.

Just my thoughts ......

Clarice
Right MVD for trigeminal neuralgia, 1994, Pittsburgh, PA
Left retrosigmoid 2.6 cm AN removal, February, 2008, Duke U
Tumor regrew to 1.3 cm in February, 2011
Translab AN removal, May, 2011 at HEI, Friedman & Schwartz
Oticon Ponto Pro abutment implant at same time; processor added August, 2011

nftwoed

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Re: Guardianshp
« Reply #3 on: April 15, 2011, 07:01:59 pm »
Thank you Jim and Clarice;

  I think someone obtaining guardianship over a person who's unilateral, or NF-2 is unlikely also if the person has history of adequate self care and thought.
  Some few years ago, our state's legislators changed the laws to make what's called "predator guardianship" more difficult by, in essence, giving the ward greater say in the situation.
  Historically, a group of people could take over a person's life with a couple signatures and court hearing. Of course in many cases, the ward would lose all their earnings if social security, telephone, belongings, savings. on and on. The guardian could then have the person tucked away in assisted living, or locked somewhere in their house.
  I come from an abusive family and this type guardianship has been threatened against me by my Brother as I have NF-2. Thing is, I've lived alone for years with NF-2 and take care of my oqn affairs, appts, I drive, etc.
  It's just kind of a freaky feeling to think someone who has a million dollars may be seeking a guardianship over me. I was written out of the family estate because I was on Medicaid. Father, a violent abuser years ago, but less so of 2006, wished not a bit of his money go to my health care.
  Brother wants to drag me to a home town I left in 1969. I just don't think he has a legal chance.
  Re, POA; I do have a durable power of attorney who can attest to my level of function. It is good enough, even Medicaid does not want me on the state rolls.
  Just thought to bring up the unusual topic. It's important for the well elderly to know about also that the kids might get away with robbing them and having them committed. I have nothing to steal, really.  : ) The elderly need durable powers of attorney, and even better, estates.