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LindaSusan Asked March 2016

Can I legally sign for her medical needs when I'm not her conservator?

I am caregiver for my adult special needs daughter who lives with me. Her conservators live 3 hours away, I take her to doctor appts etc. here where we live, not her conservators.

anonymous281963 Mar 2016
LindaSusan, Are you under a legal obligation to support your disabled daughter?
Have the Conservator's received additional funds for her support but have not supported her?
1) You will need legal help. We can only advise you on what you share with us.
It is dangerous to give even personal advice to you without the full picture. Don't worry, someone on here has gone through what you are going through.

That said: go to specialneedsalliance website
Read there.
Be sure to continue your questions on this thread so no one misses the complete story-we need to be able to help you.
People will be kind and not accusatory especially since you yourself are under a cognitive decline.
We are now your friends-cyber friends, yes, but care about you. Help us help you.

anonymous281963 Mar 2016
Okay Rainmom! Thanks for weighing in here to help LindaSusan. I know you have experience withcthis sort of thing.

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anonymous281963 Mar 2016
Question for Pam: Wouldn't the conservators be required to arrange the group home and any social security or SSI funds/Medi-fundsCal to pay for the placement?
It seems like this lady's hands are tied.

Rainmom Mar 2016
Sendme is absolutely right! I know first hand how exhausting it can be, fighting the system but you've got to give it another shot now or you'll never get what you and your daughter need. What would the case worker do, for instance- if your daughter were living in a group home? They have to deal with someone locally to insure her legally entitled to, personal plan is being met. Over my sons 23 years I have had case workers that ranged from non-existent to wonderful. Unfortunately the wonderful have been few and far between. Currently we have a wonderful guy who has been able to work miricles - so they do exist and can make all the difference in the world! So deep breath, contact your daughters case manager, get her bosses name and number. I do not believe there is NO respite available for you! Trust me - if I had a nickel for everytime I heard that one..!

pamstegma Mar 2016
It is very unusual for a Judge to take rights away from a parent. How did this happen? Usually it is due to financial errors, failure to report annually or poor record keeping.
Respite care involves having someone sign for responsibility to pay the bill. So does medical care. Adult children, regardless of ability, deserve to have their own place--a group home. My sister is very happy in one. My parents are long gone. I am in my sixties. Believe me when I say she will flourish when she is living with peers.

anonymous281963 Mar 2016
Three hours away, her conservators. Let's think. That was financial planning, legally, for when you and your husband become unable to care for your daughter, and they have POA? If yes, are they paying your daughter's food, rent, etc., or is that YOU? Something is wrong here. Her sister is your other daughter? What happens when you talk to her? She must communicate, unless for some reason the POA is not yet activated because you are providing most things for your daughter.

anonymous281963 Mar 2016
Where are you so we can figure out how to help you, according to their rules?
Sorry that I have not kept up with the details sooner. Sounds like it is not impossible, you just need a little help.
Hoping you can start over on Monday of next week. Feel free to write some more-hope that nothing I have said has upset you, or if I have missed the mark on anything. Take care.

anonymous281963 Mar 2016
You go over the caseworker's head to the director of the caseworker!
Have you tried asking the conservators to sign over the medical poa to you so you can take care of your daughter IN YOUR OWN HOME for heaven's sake! The hoops one has to jump through just to get respite can actually cause more stress than it may be worth! Have them sign a HIPPA release too.
Caring for your daughter is hard enough without everyone tying your hands, preventing you, and neglecting their duties. Something will break through for you, I am sure. Won't work with you she says? Have your daughter's case re-assigned to a competent caseworker-go over her head! Time to get mad as hell and not take it anymore. Be at their office daily early on, bring your daughter, sit her down beside them, until they give you what is required and allowed.
That's it! Don't take anymore from them!

LindaSusan Mar 2016
Yes she has a county caseworker who says she can't legally work with me because her sister and husband are her conservator who has to do this, county agent is working on respite care. Nothing available right now..

Rainmom Mar 2016
Does your daughter have a case worker who can help you figure this all out and also perhaps arrange some respite for you? Where I live the person is called a "personal agent" and it is through the county department of disabilities. Maybe start there.

Rainmom Mar 2016
In most cases conservaters deal primarily with finanical issues - although they can have other legal responsibilities. Is your daughter her own guardian?

Eyerishlass Mar 2016
In order to sign medical documents on your daughter's behalf she would have to sign an Advanced Directive giving you the ability to sign medical forms on her behalf whether the forms are for tests or for you to be able to gain information on your daughter's medical condition(s). I would check with an attorney.

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