Re: Guardianship (was CLASS vs HCS)

[Guest guest]

To answer your question, yes, Irma and I know of SEVERAL specific cases in which

families and adult children have been very negatively affected by guardianship

in Texas. It actually extends even further than that to the elderly. Horrible

abuses suffered at the hands of corrupt judges, ad-litems and guardianship

service programs.

Irma mentioned 's case in particular because well they can not longer be

retaliated against. The other families are terrified of even more retribution.

But let me tell you that we have heard first hand of the corruption in the Texas

Probate System and it is sickening.

Let's say your child comes to adulthood and you decide to pursue guardianship.

He then becomes a ward of the state. He cannot enter into contracts, drive a

car, never can get married, etc. The person is actually stripped of all rights.

Then lets say you want your child to live at a group home. Well first of all,

your child is no longer your child, but a ward of the state, so let's refer to

him as such. While visiting the ward you notice they aren't being properly

cared for. Maybe you notice they haven't bathed and personal hygiene levels are

not acceptable. Maybe you notice bruising, and that the child, I mean ward,

acts strangely fearful around certain workers. So you make a complaint about

this, after all you are responsible for you ward's health and well-being. Then

you go home, have dinner, relax and go to sleep. But after you left the

director of the facility called their buddy at guardianship services and told

them how unreasonable you have been. So unreasonable that hmmm maybe a

complaint should be filed against you with Adult Protective Services. And you

know the judge really does need to be notified about you and this complaint

against you. So the director suggests to her buddy at guardianship services to

call her ex-husband, er I mean the judge, and let him know about this complaint

against the guardian. What? The judge says this is not acceptable, let's hold a

hearing right now. No, the guardian doesn't need to be notified or invited.

After all they have an APS complaint against them and are endangering the ward.

Hey ex-wife, thanks for the heads up on this, why don't we have someone from

your company appointed as ad-litem. By the way, you guys are also in charge of

" managing " the ward's funds, pay yourself whatever you see fit. Don't forget

about that " campaign contribution " . Oh and if that pesky parent comes by you

let them know who's boss, er I mean guardian, now. No they don't have any

rights at all to access the ward. You can set up visitation for them on your

terms. Once a month for one hour? Only if it is not too much trouble, and if

they are giving you trouble just cut them off.

I'm not being sarcastic or over-dramatic. This is real and this is happening to

families right here in Texas. Families are being ripped apart, barred from

access to their children. This also happens to elderly, as I mentioned earlier,

and people have been barred from seeing their elderly parents, and the parents

estates get completely drained and split up between the judges, attorneys and

guardianship company. It's quite a racket they've got going there and the

families and individuals with special needs are the ones that suffer. And once

you lose guardianship it is not just difficult to get that reversed, it is

virtually impossible.

Regina

>

> In a message dated 2/28/2010 3:23:04 P.M. Central Standard Time,

> itcanfield@... writes:

>

> <<I wish can approve of such input made here in regards to the

> Guardianship here that this will help protect our individuals but " many "

families who

> I know, have not had not much luck in this department. >>

> As many of our kids are moving into adulthood, I think it's really

> important to share specifics about how families that have sought guardianship

> protection for their special-needs, adult children have been negatively

affected

> by that decision. Do you know of some specific cases with harmful

> outcomes where the parents obtained guardianship for an autistic or other

> special-needs person?

>

> When we were first investigating the process, several people were very

> vocal about how they heard at a seminar that it was extremely hard or

> impossible to obtain partial guardianship since judges usually wouldn't go

for that.

> However, we found that the Collin County judge was very open to the

> partial guardianship and talked about how our goal was to continue to help

our

> son be as independent as possible and hopefully lift the need for

> guardianship in at least some of the areas in the future.

>

> I'm also curious about how the courts would handle a divorce where the

> parents first obtain joint guardianship but later one asks for sole

> guardianship. It seems that is a potential danger, just like when the kids

are

> younger and parents fight over them. The McLenden case seems to show how bad

> things can get when one divorced parent is given sole guardianship and uses

> that to shut out the other. While I'm just going on the mother's side of

> the story, it certainly seemed as if her attorney, and the others involved in

> the case, did not follow the law. The guardianship paperwork clearly

> requests that all blood relatives be listed in the application and be

notified

> of the process. If she was not listed and notified, as she claims, then

> that certainly raises some red flags.

>

> <<I must suggest to everyone to also join Texas Guardianship Association,

> >>

>

> The stories that they share on that site are heartbreaking and we should

> all fight against such abuse. However, a few of the stories also point out

> the possible pitfall of relying on just a Durable Power of Attorney or

> Medical Power of Attorney. It's very helpful to hear about outcomes on both

> sides so I appreciate you sharing the information.

> Gaylen

>

[Guest guest]

 

I'm also curious about how the courts would handle a divorce where the parents first obtain joint guardianship but later one asks for sole guardianship.  It seems that is a potential danger, just like when the kids are younger and parents fight over them.  The McLenden case seems to show how bad things can get when one divorced parent is given sole guardianship and uses that to shut out the other.  While I'm just going on the mother's side of the story, it certainly seemed as if her attorney, and the others involved in the case, did not follow the law.  The guardianship paperwork clearly requests that all blood relatives be listed in the application and be notified of the process.   If she was not listed and notified,Good point here in regards to the how the courts handle a divorce case within the Guardianship topic.

Sadly, in this case here with 's case, ended up getting railroaded big times. The father never had anything to do with him, only stirred up where he allowed his son to drive & other issues involved here & just did not care for him. Was never in the picture.

So, immediately when the decision of stripping mom's Guardianship away, they awarded son to to the next in line, the dead beat dad.

It is an ugly side of this story here which happen to Luke actually & great dedicated mom too. The sad part about this Dear mom, the day Luke passed away, may he RIP, she was not informed until she received a call from from one of her ex-brother-in-law who figure she should know about his death like 1 hour until he was buried.

Mom was in Ohio helping one of her sister who was undergoing some severe health issues & pleaded for her ex-BIL to try to find a way to delay the funeral services but he just hung up on her. Just broke my heart when I heard this, why do we have corrupted judges, attorneys, etc. all involved? So much ugliness going on, politics & money, all sleep in the same bed.

You would think we had enough of dealing with special education but once they reach the other side of the fence it is all a different ball game alright. Just never ends. Just no safety net. Texas Guardianship conference will be held in San this coming April 2010.

Irma

[Guest guest]

<<Let's say your child comes to adulthood and you decide to pursue guardianship. He then becomes a ward of the state. He cannot enter into contracts, drive a car, never can get married, etc. The person is actually stripped of all rights. >>

This assumes that the guardian has full guardianship and not partial that would only strip some of the rights. (just clarifying for those who are unfamiliar with guardianship).

<<Then lets say you want your child to live at a group home. Well first of all, your child is no longer your child, but a ward of the state, so let's refer to him as such. While visiting the ward you notice they aren't being properly cared for. Maybe you notice they haven't bathed and personal hygiene levels are not acceptable. Maybe you notice bruising, and that the child, I mean ward, acts strangely fearful around certain workers. So you make a complaint about this, after all you are responsible for you ward's health and well-being. Then you go home, have dinner, relax and go to sleep. But after you left the director of the facility called their buddy at guardianship services and told them how unreasonable you have been. So unreas onable that hmmm maybe a complaint should be filed against you with Adult Protective Services. >>

It is helpful to know about this scary possibility. If this is happening, there needs to be a way for people to communicate the names of these group homes or other service providers to other parents, doctors, etc. I know you mentioned the fear of retaliation, but is there possibly some sort of reporting system where cases like this can be followed? Publicizing such abuse would certainly prevent others from placing their loved ones in such homes, which would ultimately put them out of business.

Gaylen

[Guest guest]

We went with the families to the meet with the general counsel from the Senate

Jurisprudence Committee. Interim hearings by the committee will be held in

June. At that time families will be coming forward to testify as to the facts

of their cases..

>

> In a message dated 3/1/2010 11:55:44 A.M. Central Standard Time,

> regina.radulski@... writes:

>

> <<Let's say your child comes to adulthood and you decide to pursue

> guardianship. He then becomes a ward of the state. He cannot enter into

contracts,

> drive a car, never can get married, etc. The person is actually stripped

> of all rights. >>

>

> This assumes that the guardian has full guardianship and not partial that

> would only strip some of the rights. (just clarifying for those who are

> unfamiliar with guardianship).

>

>

>

> <<Then lets say you want your child to live at a group home. Well first of

> all, your child is no longer your child, but a ward of the state, so let's

> refer to him as such. While visiting the ward you notice they aren't being

> properly cared for. Maybe you notice they haven't bathed and personal

> hygiene levels are not acceptable. Maybe you notice bruising, and that the

> child, I mean ward, acts strangely fearful around certain workers. So you

make

> a complaint about this, after all you are responsible for you ward's health

> and well-being. Then you go home, have dinner, relax and go to sleep. But

> after you left the director of the facility called their buddy at

> guardianship services and told them how unreasonable you have been. So unreas

onable

> that hmmm maybe a complaint should be filed against you with Adult

> Protective Services. >>

>

> It is helpful to know about this scary possibility. If this is happening,

> there needs to be a way for people to communicate the names of these group

> homes or other service providers to other parents, doctors, etc. I know

> you mentioned the fear of retaliation, but is there possibly some sort of

> reporting system where cases like this can be followed? Publicizing such

> abuse would certainly prevent others from placing their loved ones in such

> homes, which would ultimately put them out of business.

> Gaylen

>

[Guest guest]

I wish I had a supporting husband who understands Autism and what is best for our son. Since our son was diagnosed, my husband has done nothing but undermine what the school and I have been trying to accomplish for our son. Due to the co-dependency my husband created with the boy, the feeding at all times with unhealthy snacks, the lack of structure and consistency in schedules, idle afternoons with long naps and zero activity, etc., I decided it was time for me to do something to help our son. It was a very hard thing for me to do since I just wanted to cling to my boy and have him with me all the time. I had to stop thinking about what I wanted and start thinking about what was best for him. He had been on the HCS waiting list for 9+ years until March of 2008 when HCS called us. He had just turned 18 at the time and was weighing 300+ pounds!!!!

I initially decided I wanted to have the Supported Home Living that would allow my son to receive services while still living at home. I was hoping to get him to be supervised in the afternoon after leaving school and keep him busy and away from the overeating.

the contacted The Center and what a dissapointment that was. They would arrive late to pick up my son at the bus stop and a neighbor had to run to receive him so that the bus would not take him back to school, when they picked him up on time sometimes he was brought back late without a phone call, when it rained, they would not show up, while at their facility, he was not given any training or involved him in any activities, the "minor home modifications" (provide up to a lifetime maximum of $7,500, after which up to $300 per IPC year) which would have provided for maintenance or additional modifications to my son's bedroom, never happened, etc etc I do not recommend The Center to anyone,

I contacted a gentleman that had taken care of my son when he attended the BTTC Center in Richmond, TX. Back in 2005.My son went through a period of aggressive behavior and the school district recommended the BTTC. There the kids stay for no longer than one year or until their behavior is modified. My son was released 8 months after he was admitted and I brought him back home. He was used to a very structured environment at the BTTC but when he returned home, he had very little structure, This gentleman and the whole staff at BTTC are there because of the kids and care deeply for them. I was very impressed about the way they run the facility and how they are true advocates for the kids. and his colleague Rosie run the Resource Health Services, Inc, and HCS provider. My son lives in one of their group homes and I have had no problems or concerns about the way they take care of my son. They have a group

home for girls as well. That group home is run by his colleague Rosie, a nurse. If you want to contact them for information on their services, an interview and/or a tour of a group home, you can contact them at:

Resource Health Services, Inc.

7211 Regency Sq. Blvd. Ste. 102

Houston, TX 77036 Office Fax Cell http://www.resourcehcs.com The group home is close to our home and we bring Yousef home on the weekends. I have not regretted my decision to trust RHS and with my son. I recommend them. Sorry for the Old Testament of an email. Just felt like sharing with you all part of our ordeal and provide an HCS option.

May God bless and protect our Autistic children and our familoies, and may we find the cure or prevention soon !!!! Ive

Subject: Re: Re: Guardianship (was CLASS vs HCS)To: Texas-Autism-Advocacy Date: Tuesday, March 2, 2010, 6:34 PM

In a message dated 3/1/2010 11:55:44 A.M. Central Standard Time, regina.radulski@ gmail.com writes:

<<Let's say your child comes to adulthood and you decide to pursue guardianship. He then becomes a ward of the state. He cannot enter into contracts, drive a car, never can get married, etc. The person is actually stripped of all rights. >>

This assumes that the guardian has full guardianship and not partial that would only strip some of the rights. (just clarifying for those who are unfamiliar with guardianship) .

<<Then lets say you want your child to live at a group home. Well first of all, your child is no longer your child, but a ward of the state, so let's refer to him as such. While visiting the ward you notice they aren't being properly cared for. Maybe you notice they haven't bathed and personal hygiene levels are not acceptable. Maybe you notice bruising, and that the child, I mean ward, acts strangely fearful around certain workers. So you make a complaint about this, after all you are responsible for you ward's health and well-being. Then you go home, have dinner, relax and go to sleep. But after you left the director of the facility called their buddy at guardianship services and told them how unreasonable you have been. So unreas onable that hmmm maybe a complaint should be filed against you with Adult Protective

Services. >>

It is helpful to know about this scary possibility. If this is happening, there needs to be a way for people to communicate the names of these group homes or other service providers to other parents, doctors, etc. I know you mentioned the fear of retaliation, but is there possibly some sort of reporting system where cases like this can be followed? Publicizing such abuse would certainly prevent others from placing their loved ones in such homes, which would ultimately put them out of business.

Gaylen

[Guest guest]

's son was not disabled before the car accident. And instead of running straight to an attorney after the accident, she spent 105 days by his bedside never leaving him. No one can fault her for that and the courts should have taken that and many other things into consideration. They all knew Luke was dying and didn't notify her on purpose, the judge, ad litems, nursing home. Even the sheriff's dept knew he was dying and that she was supposed to be notified. To notify a mother 1 hour before her son is going to go into the ground that he had died is the most despicable, evil act. And this is just ONE of the stories of family's plights. There is corruption in Texas in the probate system and people need to think long and hard before they jump into guardianship.>> > > <<Good point here in regards to the how the courts handle a divorce case > within the Guardianship topic. > > Sadly, in this case here with 's case, ended up getting > railroaded big times. > The father never had anything to do with him, only stirred up where he > allowed his son to drive & other issues involved here & just did not care for > him. Was never in the picture. >>> > > I watched the mother's videos and read the information provided. It is a > very sad case but to me it seems more an example of what can happen when > someone doesn't have guardianship. As I understand the situation, the father > (divorced from the mother) obtained temporary guardianship of the son > after the son was injured in an auto accident and neither had guardianship > prior to that. From her videos describing the situation, the father then used > this guardianship to shut her out of her son's life and keep from providing > him the proper care. If the mother had been the one to obtain temporary > guardianship of the son before the father, or worked with the father to > obtain joint guardianship before the father took action, this might have been a > much different story. > > This sad possibility is something all parents should be aware of, whether > the person is special-needs now or may later become so. > Gaylen>

[Guest guest]

<<instead of running straight to an attorney after the accident, she spent 105 days by his bedside never leaving him. No one can fault her for that >>

Absolutely. I can't imagine many parents would have done things differently. My message was not meant to cast blame on her. Rather, it was to point out that this case was due to the divorced father taking action to get guardianship first and then using that against his ex-wife rather than a case where both parents had guardianship and the system turned against one of them. I think it's an important distinction as parents of special needs kids explore whether or not they should obtain guardianship. I also think it's important for all parents to know that this can happen so they are aware if such a sad event happens to their family.

<< There is corruption in Texas in the probate system and people need to think long and hard before they jump into guardianship. >>

I agree that parents should think long and hard before obtaining guardianship, and have a full understanding of the consequences of either a decision to do so or not to do so. We chose to obtain partial guardianship for our son after exploring the evidence we could gather at the time and weighing the possible consequences of either option. Since our son is easily misled, we felt that the potential consequences of outsiders outweighed the negatives that we knew at the time. This also allowed us to create a list of successor guardians while we're still alive, and inform them of our wishes, so that when we die, we have paperwork of who to contact to step in as guardian.

I think this is a very important discussion topic for this list as more of our kids reach adulthood. I appreciate the people willing to talk about it. I want to continue to inform myself of possible dangers when parents have guardianship, and when they don't. The more information we have, the better we can work to avoid, or prevent, these dangers.

So, corruption in the Texas probate system is something to be aware of -- watch out for group homes and providers that might try to use the system to take away a parent's guardianship appointment. I want to know specifics on this so would appreciate anyone willing to provide information about who to avoid and what might have triggered a provider to take such action. Also, watch out for the possibility of this being used in a divorce situation. I'd also like to hear of any additional potential dangers when a parent has the guardianship papers.

I've read about cases where extended family members have obtained guardianship of an individual and taken away the parents' ability to see their special-needs adult son/daughter or mother/father. Some have used this to take the person's money. This has happened even though the closer family member/parent had power of attorney. I've read about cases where corrupt people have taken advantage of a higher functioning special needs person and stolen money from them (one in particular was a person who married just to get to the SSI money). I know of a family whose son disappeared for awhile and the police would not do anything for 48 hours since he was considered an adult. This same family was not able to get medical information while he was in a hospital because he told the medical providers that he did not want the information released and that he did not sign the medical power of attorney form they had.

Just like we all help each other by sharing information about therapists, doctors and schools that have helped our children, perhaps we should also share about good group homes, adult care providers, attorneys and judges that are family-friendly. This is a powerful list that could make a real positive difference in encouraging a better future for our kids.

Gaylen

[Guest guest]

I've had attorneys tell me to go with the least restrictive route, a power of attorney, that you can get full or partial guardianship later if necessary. I suggest you meet with an attorney you trust, or get a recommendation from someone you trust for an attorney, and talk to them about your specific needs. I can't give anyone legal advice, but I can give you practical advice. As I've said before, guardianship is virtually impossible to have reversed, think long and hard before you jump into and do your research. While I know the specifics of several ongoing cases, families have not given permission to disclose them as they are constantly retaliated against. Several of them will be coming forward to testify in June for the interim hearings before the Senate Jurisprudence Committee. You can see specifics from families across the nation who have been affected by guardianship abuse at http://stopguardianshipabuse.org -Regina--- In Texas-Autism-Advocacy , "kwalk205" wrote:>> > > > >> > In a message dated 3/1/2010 11:55:44 A.M. Central Standard Time, > > regina.radulski@ writes:> > > > <<Let's say your child comes to adulthood and you decide to pursue > > guardianship. He then becomes a ward of the state. He cannot enter into contracts, > > drive a car, never can get married, etc. The person is actually stripped > > of all rights. >>> > > > This assumes that the guardian has full guardianship and not partial that > > would only strip some of the rights. (just clarifying for those who are > > unfamiliar with guardianship).> > > > > > > > <<Then lets say you want your child to live at a group home. Well first of > > all, your child is no longer your child, but a ward of the state, so let's > > refer to him as such. While visiting the ward you notice they aren't being > > properly cared for. Maybe you notice they haven't bathed and personal > > hygiene levels are not acceptable. Maybe you notice bruising, and that the > > child, I mean ward, acts strangely fearful around certain workers. So you make > > a complaint about this, after all you are responsible for you ward's health > > and well-being. Then you go home, have dinner, relax and go to sleep. But > > after you left the director of the facility called their buddy at > > guardianship services and told them how unreasonable you have been. So unreas onable > > that hmmm maybe a complaint should be filed against you with Adult > > Protective Services. >>> > > > It is helpful to know about this scary possibility. If this is happening, > > there needs to be a way for people to communicate the names of these group > > homes or other service providers to other parents, doctors, etc. I know > > you mentioned the fear of retaliation, but is there possibly some sort of > > reporting system where cases like this can be followed? Publicizing such > > abuse would certainly prevent others from placing their loved ones in such > > homes, which would ultimately put them out of business.> > Gaylen> >> > > So what should we do? Get partial Guardianship? Would that be a better option? I had to take my son to get a MRI and they needed his signature. I calmly waited until she wasn't paying attention and then used his hand to help sign it, or otherwisw they wouldn't have seen him because he is over 18. This puts us such a bad disposition. Oh my...>