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I already have financial guardianship

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Autistic persons are not put in psychiatric hospitals for years. Being intellectually disabled also is not reason to be locked up, as is being psychotic which can be controlled with medication. There are millions of people who live on the street who are psychotic and don't pose a risk to others, only themselves. I still need to know what kind of psychiatric disorder your sister has been diagnosed with before I can comment further.
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You need to contact a lawyer in the state that she is in, as each state has different laws and requirements.
But what I do not understand, is why your sister has been in a hospital for 2 years? Is she a threat to herself, having problems with medication? You did not fully state, but this will also have an affect of getting a POA. You really need to contact a lawyer ASAP. Good Luck!!
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What does her doctor say about her competency regarding appointing a POA? If she is capable, they I'd contact an attorney to help with the forms. If she is totally incapable to appoint a POA, then the only option is a health care surrogate which is just for medical decisions or a guardianship will need to be sought; you can have a guardian for medical and one for financial or one person can be guardian to handle both. You don't say how old your sister is. Each state has info on adult guardianship, you can go online and type in adult guardianship & put in the state. You can also contact your local Area Agency on Aging if she is 65 yrs. or older or Department of Social Services or Department of Human Resources if she is under the age of 65. These agencies have information on guardianship, someone there should be able to give you the basics on guardianship. Legal aid may be able to assist with the POA if your sister's income meets their income guidelines. She's lucky to have someone to care enough they want to see she is taken care of. Without the legal paper work, you would be unable to assist in decision making or receive information about her condition and care. Good Luck.
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You would have to go back to court and show cause. Now bear in mind the Judge already decided previously to award her personal care to the state. Unless you can show cause to remove that, it won't happen.
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Ferris, she could be Intellectually Disabled along with Autistic or Psychotic features. Those combined conditions would probably render her unable to live in the community.
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If she is competent to understand the nature of the POA, and an attorney can be convinced of that at the time of the signing, then an attorney can prepare the health care POA and supervise the signing.
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Why would you want the medical POA?
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More importantly, why has your sister been hospitalized for two years with a psychiatric illness? Is she not responding to medication, or have the doctors tried other methods? You do not say what the mental illness is, and unless it is dementia, she should have gotten better by now. Ask the psychiatrist on her case what he/she has tried and what can be done to help your sister get out of the hospital. At this point in time, the doctors have all the power, but I would petition the Court to appoint a guardian ad litem for her and get her released when she is stable. I still want to know what mental illness she has been diagnosed with and what is being done. Two years being confined to a psychiatric hospital is pretty rare nowadays because the standard treatment of care is to get ones stabilized and released back into society.
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If you have already gone thorough the legal system to get financial guardianship, I would suggest that you either file for full guardianship right now OR in your next reporting to the court put in your petition for full guardianship. The latter will be probably lots less costly. Also you want to get documentation from her MDs as to her status to show she is cognitively unable to determine her health care. Good luck & it's good you are there for her.
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Here in Tenn, for my wife,I had to get an attorney and go to the court for a guardianship order This was very recent.
First I got a 60 day emergency orderand then a permanent order. In our case, I needed a full conservatorship.
The court will probably appoint an attorney ad litem to act on your sisters behalf and make sure that her interests are being served.
Since you already have the financial guardianship you probaly won't need a bond or anything but may already have one in place.
The attorney can advise you as to doctors statements and anything else that you will need.
It actually souns as if you need a Full guardianship. It would be about the same process and might save time and money down the road.
Best Luck. Thoughts and prayers.
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