Guest guest Posted August 26, 2004 Report Share Posted August 26, 2004 -----Original Message----- From: Robin Chandler [ Robin.Chandler@...] Sent: Tuesday, August 24, 2004 2:05 PM FYI. On Friday, October 1, the UT School of Social Work's Continuing Education Program will be presenting an all day (9:00-4:00) workshop entitled " A Primer on Guardianship and Competency " . I don't know if it would, in any way, be helpful with the stuff y'all are working on, but here's the info: Title: A Primer on Guardianship and Competency Date: 10/01/2004 Time: 9:00 AM - 4:00 PM In some cases, a guardianship may be the only way to care for a loved one. A guardianship can include care for a person, their estate or both. This program will look at the methods surrounding the guardianship process, including legal definitions and research, clinical considerations, procedures to initiate a guardianship, and alternatives to guardianships. We will address issues such as informed consent, therapeutic jurisprudence, the definitions of abuse and neglect, and discuss the differences between the Probate and Mental Health Codes. Objectives - Participants will be able to: • Understand the legal definition of guardianship. • Identify types of guardianship. • Define the concepts of 'minor' and 'incapacitated person'. • Describes what it means to have a 'lack of legal capacity'. • Identify procedures to initiate a guardianship. PRESENTER: Cirkiel, JD, LMSW-AP Marty Cirkiel is a graduate of St. 's University Law School, San , and The University of Texas School of Social Work. He is licensed in the US Supreme Court, US 5th Circuit Court of Appeals, US District Courts-Texas. He is also certified for Court Appointments In Probate and Guardianship Proceedings; a certified mediator; Chairman, State Bar Of Texas Disability Issues Committee; and Special Master-Mental Health Probate Court, County. Mr. Cirkiel is a member of the Adjunct Faculty at The University of Texas School of Social Work. He is a current member of the Board of Directors of Jewish Family Services (Austin, Texas) and Board of Directors for The Round Rock Health Clinic. Marty has been married to Pamela Cirkiel since 1973 and they have two adult children, and , and a wonderful grandson, named Noah. He is one of the founding members of the Longhorn Soccer Club in the Central Texas area, and was recently named Social Worker of the Year for the Austin Branch of NASW (National Association of Social Workers). Contact Info: Liz Nowicki ssw-profdev@... 512-471-2886 Sponsor: School of Social Work CEU's, Certificates, etc. Available: .6 CEU/6.0 contact hours (Social Workers, LPC, LMFT) Event Fees: $90; $105 after 9/24/04 Quote Link to comment Share on other sites More sharing options...
Guest guest Posted August 26, 2004 Report Share Posted August 26, 2004 -----Original Message----- From: Robin Chandler [ Robin.Chandler@...] Sent: Tuesday, August 24, 2004 2:05 PM FYI. On Friday, October 1, the UT School of Social Work's Continuing Education Program will be presenting an all day (9:00-4:00) workshop entitled " A Primer on Guardianship and Competency " . I don't know if it would, in any way, be helpful with the stuff y'all are working on, but here's the info: Title: A Primer on Guardianship and Competency Date: 10/01/2004 Time: 9:00 AM - 4:00 PM In some cases, a guardianship may be the only way to care for a loved one. A guardianship can include care for a person, their estate or both. This program will look at the methods surrounding the guardianship process, including legal definitions and research, clinical considerations, procedures to initiate a guardianship, and alternatives to guardianships. We will address issues such as informed consent, therapeutic jurisprudence, the definitions of abuse and neglect, and discuss the differences between the Probate and Mental Health Codes. Objectives - Participants will be able to: • Understand the legal definition of guardianship. • Identify types of guardianship. • Define the concepts of 'minor' and 'incapacitated person'. • Describes what it means to have a 'lack of legal capacity'. • Identify procedures to initiate a guardianship. PRESENTER: Cirkiel, JD, LMSW-AP Marty Cirkiel is a graduate of St. 's University Law School, San , and The University of Texas School of Social Work. He is licensed in the US Supreme Court, US 5th Circuit Court of Appeals, US District Courts-Texas. He is also certified for Court Appointments In Probate and Guardianship Proceedings; a certified mediator; Chairman, State Bar Of Texas Disability Issues Committee; and Special Master-Mental Health Probate Court, County. Mr. Cirkiel is a member of the Adjunct Faculty at The University of Texas School of Social Work. He is a current member of the Board of Directors of Jewish Family Services (Austin, Texas) and Board of Directors for The Round Rock Health Clinic. Marty has been married to Pamela Cirkiel since 1973 and they have two adult children, and , and a wonderful grandson, named Noah. He is one of the founding members of the Longhorn Soccer Club in the Central Texas area, and was recently named Social Worker of the Year for the Austin Branch of NASW (National Association of Social Workers). Contact Info: Liz Nowicki ssw-profdev@... 512-471-2886 Sponsor: School of Social Work CEU's, Certificates, etc. Available: .6 CEU/6.0 contact hours (Social Workers, LPC, LMFT) Event Fees: $90; $105 after 9/24/04 Quote Link to comment Share on other sites More sharing options...
Guest guest Posted April 10, 2005 Report Share Posted April 10, 2005 Hi, My son turns 18 in August and if he so chooses or gets coerced to sign himself out of school at the point I cannot stop him unless I have guardianship of some form. Some schools will convince 18 yo that they no longer need to go to school and that they are 18 and can make that decision. they also do not have to have you at the IEP or to sign it. Please look into this BEFORE it happens. You know some schools are sneaky.Also you can just get pieces of guardianship. Money, medical and such without taking away their rights to vote and such. Remember when he turns 18 his doctor cannot talk to you without his permission, you cannot go to his appts and talk to them or anything. Geesh we work night and day and then we lose our rights LOL. Jean Quote Link to comment Share on other sites More sharing options...
Guest guest Posted April 10, 2005 Report Share Posted April 10, 2005 Hi, My son turns 18 in August and if he so chooses or gets coerced to sign himself out of school at the point I cannot stop him unless I have guardianship of some form. Some schools will convince 18 yo that they no longer need to go to school and that they are 18 and can make that decision. they also do not have to have you at the IEP or to sign it. Please look into this BEFORE it happens. You know some schools are sneaky.Also you can just get pieces of guardianship. Money, medical and such without taking away their rights to vote and such. Remember when he turns 18 his doctor cannot talk to you without his permission, you cannot go to his appts and talk to them or anything. Geesh we work night and day and then we lose our rights LOL. Jean Quote Link to comment Share on other sites More sharing options...
Guest guest Posted April 10, 2005 Report Share Posted April 10, 2005 In a message dated 4/10/2005 10:06:20 AM Eastern Daylight Time, angel2cook@... writes: My son turns 18 in August and if he so chooses or gets coerced to sign himself out of school at the point I cannot stop him unless I have guardianship of some form. Some schools will convince 18 yo that they no longer need to go to school and that they are 18 and can make that decision. they also do not have to have you at the IEP or to sign it. All you need is educational Power of Attorney, not guardianship. Of course, a school system could challenge POA if they felt student didn't understand, not sure if that happens very often. Cheryl in VA Quote Link to comment Share on other sites More sharing options...
Guest guest Posted April 10, 2005 Report Share Posted April 10, 2005 In a message dated 4/10/2005 10:06:20 AM Eastern Daylight Time, angel2cook@... writes: My son turns 18 in August and if he so chooses or gets coerced to sign himself out of school at the point I cannot stop him unless I have guardianship of some form. Some schools will convince 18 yo that they no longer need to go to school and that they are 18 and can make that decision. they also do not have to have you at the IEP or to sign it. All you need is educational Power of Attorney, not guardianship. Of course, a school system could challenge POA if they felt student didn't understand, not sure if that happens very often. Cheryl in VA Quote Link to comment Share on other sites More sharing options...
Guest guest Posted April 10, 2005 Report Share Posted April 10, 2005 I was told that they can sign for credit cards offered to them and use them at 18 w/o guardianship. We are planning to get guardianship when our son turns 18 in a couple of years. It is not a desire to stifle his independence but for supervision in areas such as medical and dental care and to prevent or be able to intervene in abusive or undesirable situations--physical, emotional, or financial. I suspect that all but a few of our children with ds need this. Are there many parents who don't see the need or want to seek guardianship for their children with ds? I would love to see varying opinions about this--so we can all make the best decisions for our children. Best wishes to everyone. Shirley Quote Link to comment Share on other sites More sharing options...
Guest guest Posted April 10, 2005 Report Share Posted April 10, 2005 I was told that they can sign for credit cards offered to them and use them at 18 w/o guardianship. We are planning to get guardianship when our son turns 18 in a couple of years. It is not a desire to stifle his independence but for supervision in areas such as medical and dental care and to prevent or be able to intervene in abusive or undesirable situations--physical, emotional, or financial. I suspect that all but a few of our children with ds need this. Are there many parents who don't see the need or want to seek guardianship for their children with ds? I would love to see varying opinions about this--so we can all make the best decisions for our children. Best wishes to everyone. Shirley Quote Link to comment Share on other sites More sharing options...
Guest guest Posted August 30, 2006 Report Share Posted August 30, 2006 It's a tough call. I know many (most?) parents become guardians of their children with Down syndrome when they (the children) turn 18 years old. In our case, we had our son give us broad power of attorney. We sat down with him and explained the document to him clause by clause, line by line, and asked him to sign it. He did. Now we can do most things for him and get access to all his records etc. He can sign contracts and such for himself, however we have advised him to never sign anything without consulting us first. Time will tell the wisdom of this approach. > > Hi > > I am the proud parent of my son Nick 18yrs DS. I am more a listener and reader than a sender. I read all the emails daily. No matter the subject, I have related in almost all. UpsNdowns has given me the support I need. > > I need some feedback on Guardianship information. I would like to hear any experiences or suggestions if any of you have been through this. > > Thanks so much! > > Jackie > > > Quote Link to comment Share on other sites More sharing options...
Guest guest Posted October 29, 2007 Report Share Posted October 29, 2007 Hi: We decided to go the route of guardianship for Sheila. She has 3 very serious medical conditions, plus she has no peripheral vision--this has severly impacted her ability to read--she only sees one or two words and doesn't get that if she turns her had there are more words on the page. We discuss things with her and encourage her input with any decision making--where it might me appropriate we leave the decision to her. Each family has to weigh all the capabilities and the limitations of their own young adult and than make the decision. I do know that doing guardianship immediately is very easy; however if you wait until later you have to declare your young person incompetent. It becomes a very expensive, time consuming proposition and it will be much more expensive. The cost for us was the cost of Sheila's court appointed advocate, about $120. Since for us it was not a difficult decision we notified the court of our intention 6 months her 18th birthday and immediately started the paperwork. The family court clerk in our county was very helpful in guiding us through the process and it really was not very difficult. nancy ________________________________________________________________________ Email and AIM finally together. You've gotta check out free AOL Mail! - http://mail.aol.com Quote Link to comment Share on other sites More sharing options...
Guest guest Posted May 23, 2011 Report Share Posted May 23, 2011 I think this is really an individual decision. For us it wasn't hard to make. We have both guardianship and curatorship of . You really have to think about where your young adult is and if he/she can actually make certain decisions themselves. For instance, Mayo Clinic puts everything (records etc) under a young persons name when they turn 18. All billing goes through , all EOB's are addressed to , if they chose to they could make sure I or her father was no where around during exams etc and never learned a thing. (her drs have known her since she had heart surgery there and see her every year or so, and are aware of her mental delays so this probably wouldn't have been a problem) This way I can call and ask questions if I need to, I did have to send copies of the guardianship papers to them to get access to her records. You also need to decide how much control they are capable of handling, and that decision will not fall completely on you, tho it would be up to you to prove that he is capable or not. I believe the conservator-ship is more to help with the money decisions so if all your child needs is help with money management perhaps that would be all you need to get. Your state should have information about both, either search their web site or contact your social worker. If you don't have a social worker yet (we didn't have one between ages 8 or 9 and 16) it is time to begin. Good luck Joy On 5/22/2011 10:50 PM, Amy Spurger wrote: > > I need help understanding the pros and cons. My son will be 18 in > September and we just can't figure out what to do. > > Amy mom to Avery 17 ds and systemic onset JRA > > Quote Link to comment Share on other sites More sharing options...
Guest guest Posted May 23, 2011 Report Share Posted May 23, 2011 I know that when gets to be that age that I will be doing the full guardianship because he is on the lower functioning end (he is going to be 12 in June). My husband and I already know that we will be more than likely taking care of him or getting a " home " set up for him with all the cares that he does need. With the guardianship it will give me access to his health care records, being able to go to his appointments, and to handle his finances and all the paperwork that comes from the county to fill out for him (I know he won't be able to do that on his own). Good luck with your decision, you do know your child best and what would be for for them. Mom to (almost 12) and Abbey and a (almost 6, oh my the time has flown by fast, it just feels like the other day they were just newborns). Sent from my Verizon Wireless BlackBerry Re: Guardianship I think this is really an individual decision. For us it wasn't hard to make. We have both guardianship and curatorship of . You really have to think about where your young adult is and if he/she can actually make certain decisions themselves. For instance, Mayo Clinic puts everything (records etc) under a young persons name when they turn 18. All billing goes through , all EOB's are addressed to , if they chose to they could make sure I or her father was no where around during exams etc and never learned a thing. (her drs have known her since she had heart surgery there and see her every year or so, and are aware of her mental delays so this probably wouldn't have been a problem) This way I can call and ask questions if I need to, I did have to send copies of the guardianship papers to them to get access to her records. You also need to decide how much control they are capable of handling, and that decision will not fall completely on you, tho it would be up to you to prove that he is capable or not. I believe the conservator-ship is more to help with the money decisions so if all your child needs is help with money management perhaps that would be all you need to get. Your state should have information about both, either search their web site or contact your social worker. If you don't have a social worker yet (we didn't have one between ages 8 or 9 and 16) it is time to begin. Good luck Joy On 5/22/2011 10:50 PM, Amy Spurger wrote: > > I need help understanding the pros and cons. My son will be 18 in > September and we just can't figure out what to do. > > Amy mom to Avery 17 ds and systemic onset JRA > > Quote Link to comment Share on other sites More sharing options...
Guest guest Posted May 23, 2011 Report Share Posted May 23, 2011 On 5/23/2011 7:44 AM, wrote: > I think this is really an individual decision. For us it wasn't hard > to make. We have both guardianship and curatorship of . That should be conservatorship. (or however it is spelled) Joy Quote Link to comment Share on other sites More sharing options...
Guest guest Posted May 23, 2011 Report Share Posted May 23, 2011 http://www.brighthub.com/education/special/articles/13495.aspx From: [mailto: ] On Behalf Of Loree5@... Sent: Monday, May 23, 2011 4:23 PM mom2anz@...; jtesmer799@... Cc: Subject: Re: Guardianship Okay back to my testing question. I got copies of the tests done on Micah by his speech treacher today.? One of the tests was the peabody vocabulaary test.? Any speech teachers out there? What I am reading is this is an IQ test and I want to know if I am reading the information I found on the internet correctly because if it is....someone's head is going to roll.? Please tell me I am wrong!!!! Thanks in advance. ? Loree Quote Link to comment Share on other sites More sharing options...
Guest guest Posted May 23, 2011 Report Share Posted May 23, 2011 HOW in the world does a vocabulary test...test IQ. Re: Guardianship Okay back to my testing question. I got copies of the tests done on Micah by his speech treacher today. One of the tests was the peabody vocabulaary test. Any speech teachers out there? What I am reading is this is an IQ test and I want to know if I am reading the information I found on the internet correctly because if it is....someone's head is going to roll. Please tell me I am wrong!!!! Thanks in advance.  Loree Quote Link to comment Share on other sites More sharing options...
Guest guest Posted May 24, 2011 Report Share Posted May 24, 2011 I agree that guardianship is an individual thing. Bridget just turned 18. We have chosen to go by way of Power of Attorney for medical and financial at this time. Bridget is essentially non-verbal. Her grade level ranges from K5 to 2nd grade depending on what you are asking. I felt guardianship could be applied for at anytime should it be needed and once obtained is virtually impossible to reverse. I want Bridget to have a say in whether she likes someone who is a care-giver for her or not. I want her to be able to have a say in roommates for semi-independent living, so guardianship is not right for us now. You can do partial guardianship that is renewable every 5 years. This becomes null and void should you forget to renew it, so it is a way to try guardianship without the hassle of reversing it. Will Bridget need guardianship in the future? Possibly. so Power of Attorney works well with the HIPPA forms. She still wants me to be present when she is seen by a doctor, dentist, etc.. Good luck in your decision. It is a tough one to map out and a very individual decision to make. , mom to Bridget, 18 and graduating in 14 days.she is counting down... Quote Link to comment Share on other sites More sharing options...
Guest guest Posted June 24, 2011 Report Share Posted June 24, 2011 Hi, We have thus far chosen not to have guardianship for Janet, who is now 38. This is a very individual decision. Some of her peers are conserved or under guardianship. Our relationship with Jan has always been good. There has never been a problem with medical issues. Janet signs the permissions and reads them at least as well as the rest of us do (which isn't really very well). Doctors have been open with us and Janet has signed permission for them to share information when asked. I am not worried about someone taking her financially. Her SSDI goes into a joint bank account which I can monitor. I regularly have to put spending rules into place. Currently we are at NO DVDs until December (although we may have exceptions or the date may move up). I have a few of her bills on auto-pay, but she pays the rent and some of the utilities. Each of our children is different and each of our environments are different. There is no single good rule. We have erred on the side of allowing her a lot of independence, something she feels strongly about. There are pitfalls in that. We've just come off several years of very bad life skills support (which she survived, but could have done better with more help). Her latest counselor is amazingly good and knows Jan and how to deal with her. She is not easy to work with because she can be quite devious to get what she wants. As to the future, we just don't know. Right now, no guardianship is working. It may not work as she ages and we haven't any more clue when that will happen than knowing when it will happen to us. Rick .. dad to Jan Quote Link to comment Share on other sites More sharing options...
Guest guest Posted November 27, 2011 Report Share Posted November 27, 2011 My sister is the guardian of the estate and the person for 2 of our brothers. Is that uncommon? Nora Quote Link to comment Share on other sites More sharing options...
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