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More Planning, More Worries on Guardianship details
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<blockquote data-quote="Winnielg" data-source="post: 584349" data-attributes="member: 16059"><p>We are in the process of going thru this ourselves. I just joined this site and have posted on a few threads. I am glad, but sorry, to see others are having similar issues.</p><p> </p><p>My son is 17 - bipolar, ODD and Autism Spectrum Disorders (ASD) (aspie). We have looked into extending guardianship and have decided against it for similar reasons. What we are doing is in the event he cannot function completely independently as an adult (which is looking more and more likely), we are working to put a care giving system into place. In NY there is an agency called OPWDD - the Office for persons with developmental disabilities I applied to them last fall and had him declared disabled by the state and eligible for services. It is a weird process, but the bottom line is when he turns 18 in May we will go to Social Security and apply for supplemental disability in order to get Medicaid - which is what he needs in order to get ANY services in New York. Part of the services we are working on with a local agency now is putting together an ISP - Individual Service Plan - like the IEP while he is in school. The ISP will be geared toward helping him individually. In his case, he will need a case coordinator to help him coordinate medications, services, employment, etc. In NY it is called a CSS (or community service support) plan. Originally I started this in case we get hit by a bus, so to speak, but now with how bad things are in our home with violence and constant menacing, it may be necessary sooner rather then later for him to leave our home. </p><p></p><p>As for guardianship - we were told there are two kinds - guardianship 'of person' or 'of property'. Of person covers EVERYTHING. Property is more geared toward financial oversight. The of person is scary because we are still learning what it would mean legally. I do not think if your child commits a crime you would be held responsible but if there was say damages - someone might be able to come after you. The lawyer we spoke to said it depends on the act. Further the of person is hard to ever lift. If someone is declared unable to take care of themselves it is usually for life. The 'of property' is more towards money oversight. That can be reversed with age, maturity, or however the original guardianship is defined. We are thinking of this one now.</p></blockquote><p></p>
[QUOTE="Winnielg, post: 584349, member: 16059"] We are in the process of going thru this ourselves. I just joined this site and have posted on a few threads. I am glad, but sorry, to see others are having similar issues. My son is 17 - bipolar, ODD and Autism Spectrum Disorders (ASD) (aspie). We have looked into extending guardianship and have decided against it for similar reasons. What we are doing is in the event he cannot function completely independently as an adult (which is looking more and more likely), we are working to put a care giving system into place. In NY there is an agency called OPWDD - the Office for persons with developmental disabilities I applied to them last fall and had him declared disabled by the state and eligible for services. It is a weird process, but the bottom line is when he turns 18 in May we will go to Social Security and apply for supplemental disability in order to get Medicaid - which is what he needs in order to get ANY services in New York. Part of the services we are working on with a local agency now is putting together an ISP - Individual Service Plan - like the IEP while he is in school. The ISP will be geared toward helping him individually. In his case, he will need a case coordinator to help him coordinate medications, services, employment, etc. In NY it is called a CSS (or community service support) plan. Originally I started this in case we get hit by a bus, so to speak, but now with how bad things are in our home with violence and constant menacing, it may be necessary sooner rather then later for him to leave our home. As for guardianship - we were told there are two kinds - guardianship 'of person' or 'of property'. Of person covers EVERYTHING. Property is more geared toward financial oversight. The of person is scary because we are still learning what it would mean legally. I do not think if your child commits a crime you would be held responsible but if there was say damages - someone might be able to come after you. The lawyer we spoke to said it depends on the act. Further the of person is hard to ever lift. If someone is declared unable to take care of themselves it is usually for life. The 'of property' is more towards money oversight. That can be reversed with age, maturity, or however the original guardianship is defined. We are thinking of this one now. [/QUOTE]
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