Had a stroke 4 or 5 yrs ago but no lasting difficulties. He went on ssi or SSD a year ago. 4 or 5 mos. ago had a personality change, talking, acting and touching ppl inappropriately. Not enough money to go to a home. Need help and advice.
When there is no money the state pays for in facility care through medicaid application. Are you certain you wish to act as guardian? Do you understand that in dealing with the diagnosis an placement of an unwilling and perhaps demented elder who is uncooperative you will be under terrific burden both in that duty and in the onerous applications for medicaid, and the record gathering and keeping throughout his future? Or would you rather have him under the guardianship of the state? (In such a case you would not have any input). These are the first decisions. Thereafter a social worker involved through Adult Protective Services, if you contact them, may be able to get you temporary guardianship. This can often be done through a phone call to a judge. Then there could be a diagnosis to see if you must act in the best interests of your relative, or if he is still competent to make his own decisions. As someone who has acted as POA and Trustee for a willing, understanding, organized and loving man with a simple trust and estate, I can tell you at best it is difficult. In a situation such as yours I would not, myself, take it on under any circumstances. You might consider seeing an elder law attorney for an hour of time so you can have questions answered and the laws in your own state explained. This will give you more information. If, then, you feel you must go forward for conservatorship or guardianship you can either avail yourself of this lawyer or you can ask APS to open a case and help you in getting appointed to act for your brother in getting diagnosis and appointment of either yourself or the state to act in your brother's behalf.
I have read on this forum that there may be provision for emergency guardianship, but not sure if that's only for the county or if it would include family/interested parties.
Before you pursue guardianship (which is very expensive and time-consuming) please consider having the county acquire guardianship. If he will be on Medicaid for his care anyway, and he has very little personal assets/possessions, I'm not sure what higher purpose you having legal responsibility for him will make in his life.
When the county got guardianship over my step FIL due to his Parkinson's and refusal to assign a PoA, Lutheran Social Services managed all his affairs. Since step FIL was broker than broke, it didn't matter that we no longer had access or visibility into his finances, since he had none. He lost the house to foreclosure and we sold all the contents for cash, which we used to purchase things for his benefit.
The guardian consulted us on his personal preferences in food, music, and other creature comforts, and even moved him to a facility closer to us so we could drive my MIL to see him more easily. If your brother is in a different state than you, and you wish to bring him closer, this would be a different and probably more difficult pursuit. More info from you would be helpful.
Having a stroke often leads to dementia. Having a lessor stroke can lead to behavior changes.
I am not trying to be rude but, that you say he had no lasting effects from the stroke but, then he goes on SSD is a bit confusing. Maybe, he hasn't been completely open and honest with you about his health?
I would not pursue guardianship, get the state involved, they can get him the help he needs so much faster then you can.
You will still be able to be his sister, you just won't have the responsibility for his actions.
Call APS today and get him in the system before he ends up in jail for his inappropriate touching.
In East TN, with APS driving the action, it can take less than 2 weeks to become a temporary guardian while gaining guardianship for a resisting father on your own can take more than 4 months before covid extended court processes.
Would a doctor consider and testify that brother is incapacitated?
If bro is not incapacitated then he would have to agree to guardianship. Is he likely to agree? If not, gaining guardianship could become a very long, drawn out and expensive process.
Or would you rather have him under the guardianship of the state? (In such a case you would not have any input).
These are the first decisions.
Thereafter a social worker involved through Adult Protective Services, if you contact them, may be able to get you temporary guardianship. This can often be done through a phone call to a judge. Then there could be a diagnosis to see if you must act in the best interests of your relative, or if he is still competent to make his own decisions.
As someone who has acted as POA and Trustee for a willing, understanding, organized and loving man with a simple trust and estate, I can tell you at best it is difficult. In a situation such as yours I would not, myself, take it on under any circumstances.
You might consider seeing an elder law attorney for an hour of time so you can have questions answered and the laws in your own state explained. This will give you more information. If, then, you feel you must go forward for conservatorship or guardianship you can either avail yourself of this lawyer or you can ask APS to open a case and help you in getting appointed to act for your brother in getting diagnosis and appointment of either yourself or the state to act in your brother's behalf.
Before you pursue guardianship (which is very expensive and time-consuming) please consider having the county acquire guardianship. If he will be on Medicaid for his care anyway, and he has very little personal assets/possessions, I'm not sure what higher purpose you having legal responsibility for him will make in his life.
When the county got guardianship over my step FIL due to his Parkinson's and refusal to assign a PoA, Lutheran Social Services managed all his affairs. Since step FIL was broker than broke, it didn't matter that we no longer had access or visibility into his finances, since he had none. He lost the house to foreclosure and we sold all the contents for cash, which we used to purchase things for his benefit.
The guardian consulted us on his personal preferences in food, music, and other creature comforts, and even moved him to a facility closer to us so we could drive my MIL to see him more easily. If your brother is in a different state than you, and you wish to bring him closer, this would be a different and probably more difficult pursuit. More info from you would be helpful.
Having a stroke often leads to dementia. Having a lessor stroke can lead to behavior changes.
I am not trying to be rude but, that you say he had no lasting effects from the stroke but, then he goes on SSD is a bit confusing. Maybe, he hasn't been completely open and honest with you about his health?
I would not pursue guardianship, get the state involved, they can get him the help he needs so much faster then you can.
You will still be able to be his sister, you just won't have the responsibility for his actions.
Call APS today and get him in the system before he ends up in jail for his inappropriate touching.
Would a doctor consider and testify that brother is incapacitated?
If bro is not incapacitated then he would have to agree to guardianship. Is he likely to agree? If not, gaining guardianship could become a very long, drawn out and expensive process.