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gladysrg9 Asked September 20, 2024

If my health declines, will the state appoint a guardian?

My mom lives 6 hours away from me. She had a stroke in January 2024 and I was able to get her a companion thru Medicaid 3 days a week. From the stroke has developed aphasia and cognitive impairment. My concern is I am in stage 3 liver failure and in need of a liver transplant.
If my health continues to decline I won’t be able to make any decisions for myself or her. My husband has durable power of attorney over me. Her sister and brother are not able to help her. Will the state appoint a guardian?

LoniG1 Sep 28, 2024
Have you considered Home health for yourself. Depending on your income you may also qualify for in home support care like you set up for mom. As far as mom goes you may need to request more hours for her. APS could do a well check however if mom is independent at all APS won't help. If mom wanted to she could tell APS she does not need their help and they would have to follow her wishes. Maybe later if it's reported to APS that she is totally needing 24/7 care they may help find a live in person. APS has many many hoops they have to jump thru to take over moms care. APS would contact Public Guardian and they would take over if the court would allow it. Aps, public guardian,and IHSS (in home support services) they all work together to keep mom in her home as long as they can. Please don't be suprised if there is a waiting list as these agency's are swamped with enormous case loads.

CarolPeaches Sep 27, 2024
This is not a direct response to your question, but last year my husband was in stage 4 and was told he either had to do dialysis, or seek out a transplant....OR....radically change his diet. We took the latter option. He is now back to stage 3. I make sure he gets the food that meets his dietary requirements and is delicious so he can stick with these changes. He's been very disciplined and is now as healthy and active as he can be and no longer requires dialysis. Perhaps, you can search for a doctor and dietician who understands how protein and potassium affects the kidneys so that you might regain some of your health. Just a suggestion. Best wishes.

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Taarna Sep 26, 2024
Better to address this issue now. Talk to social services or case manager where she lives. State can appoint guardianship at any point in her life, but better to have a plan in place.

Patathome01 Sep 26, 2024
I am so sorry to see your dire health condition. Need an attorney ASAP.

And follow some of our advice on Our Forum.

Llamalover47 Sep 26, 2024
gladysrg9: Retain an attorney.

TouchMatters Sep 26, 2024
Consult an attorney.
The state may appoint a guardian although it is best to get professional advice to be sure - and set up as needed. Its worth 1-2 hour consulting fee to be sure its all in order.

I am sad for your liver diagnosis and hope that you can be as comfortable as possible, while waiting for a liver transplant.

Gena / Touch Matters

Sample Sep 26, 2024
The state will do nothing unless you ask so always be proactive.

JoAnn29 Sep 21, 2024
It may be time to get APS involved. They can evaluate Mom. Sounds like Dementia is setting in from the stroke. If you do not have POA for Mom, APS can handle having her placed and the State taking over her care.

So sorry that you are going thru this and pray you are able to get a liver transplant.
gladysrg9 Sep 21, 2024
Thank you for taking the time to respond. I will contact APS so they can evaluate her.

Thank you so much, Gladys.
Geaton777 Sep 21, 2024
I'm assuming your husband (your PoA) is close in age to you. Even if he is now healthy, I would add a secondary "back-up" PoA who is a generation younger and local, because there is no predicting what happens in peoples' lives. My very healthy and fit 62-yr old cousin suddenly died of an Afib even. This has forced me to never assume anything.

I'm so sorry for your health problems. May you receive a liver and live a happy life with your husband. Wishing you peace in your heart on this journey.
gladysrg9 Sep 21, 2024
Thank you for the insight.

I will add a back up to POA.

Many thanks, Gladys
gladysrg9 Sep 20, 2024
Thank you for you. Responses

AlvaDeer Sep 20, 2024
You say that her sister and brother are there. They will report her to APS as a senior at risk and in need of care who has no family who can act in her behalf. Yes, the state would appoint a court appointed Fiduciary to manage her care.
gladysrg9 Sep 20, 2024
Thank you for your insight. Both brother and sister live out of state. She only has one niece but they are not on speaking terms.
MargaretMcKen Sep 20, 2024
Your husband can make decisions for you. Is that OK with you?

Does your M need decisions to be made for her? Sometimes people’s situation is so simple that they don’t really need a POA. M’s situation might be more like this in a Medicaid facility rather than with companion care in her own house. It may not be what would be preferred, but sometimes the only option is not ‘best’. You might be able to set this up before your transplant operation.

If M needs a POA, it sounds as though your DH is the only option. Depending on the level of her cognitive impairment, it might be possible to get a solicitor to set this up. Their ‘competence tests’ are less rigorous than a doctor’s.

If none of these options work, yes, it might need a state appointed guardian.

Very difficult situation, sympathy and best wishes, Margaret
gladysrg9 Sep 20, 2024
I am trying to arrange everything before my liver failure progresses further. My mom seems to be able to do all activities of daily living. The companion helps her pay her bills and takes her grocery shopping. My mom walks 7 miles a week. But my mom is starting to be verbally abusive and refusing the aide. She has locked the aide out a couple of times. Without the aide she can’t manage her affairs. I only have one family member in her area, a niece but they are not on speaking terms.

I am just overwhelmed. I am bedbound and may have to go into skilled nursing if my health doesn’t improve.

Thank you so much.

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