Adult disabled child guardianship

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Latest post 06-21-2012 8:32 PM by Tonya Sandoval. 7 replies.
  • 06-21-2012 12:50 PM

    Adult disabled child guardianship

    My adult child was involved in auto accident and has severe brain damage.  Biological father swept in and took over everything, including taking son out of a health care facility, and moving son in with him.  Father was a deadbeat dad and not involved in sons life.  Father claims to have a medical POA.  There is no way this POA is valid.  Eventually dad banned my sons grandmothers and aunts from visiting.  He moved without letting me know where they are.  I have found them and they are living in a garage in an industrial park. Father does not know that I have found them.  Father receives checks to care for son.  Son is not involved in any type of physical therapy. What do I need to do to ensure I am involved in son's life and decisions surrounding his care?

  • 06-21-2012 1:06 PM In reply to

    • DPH
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    Re: Adult disabled child guardianship

    Tonya Sandoval:
    My adult child was involved in auto accident and has severe brain damage.
    Tonya Sandoval:
    What do I need to do to ensure I am involved in son's life and decisions surrounding his care?

    Is there any reason why you can't just go over there and have a talk with son and Dad?  Is there some reason for Dad to keep relatives away from some?  

    Tonya Sandoval:
    Father claims to have a medical POA.  There is no way this POA is valid.
     

    Why do you think this would not be valid?  If Dad merely has medical POA that doesn't prevent you or other relatives from having contact with son. 

    Tonya Sandoval:
    Father receives checks to care for son.

    Checks from....?

     

    "Never argue with stupid people, they will drag you down to their level and then beat you with experience."  -  Mark Twain

     

  • 06-21-2012 1:26 PM In reply to

    Re: Adult disabled child guardianship

    There is no legal reason I can't go over there, however dad does not work and has the capacity to take off again.

    Son was 29 years old when he had the accident.  He would not have signed a POA to his father.  They were not close.

    The checks I think are from Medicaide/Colorado.

  • 06-21-2012 2:08 PM In reply to

    • Drew
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    Re: Adult disabled child guardianship

    Are you suggesting Dad just found a meal ticket in son?

    If son had severe brain damage he may have lacked mental ability to execute a POA--but you will need to prove he had rather diminished  capacity at the time.  HOWEVER if he has capacity to make one and has not gotten worse then he has capacity to revoke it.



  • 06-21-2012 2:58 PM In reply to

    Re: Adult disabled child guardianship

    Dad has worked very little in his life.  He has always latched onto someone as a meal ticket. This makes him feel powerful as well as lucrative.

    Son has been in a coma then a vegetative state since the accident.  He does not walk, talk or communicate.

  • 06-21-2012 3:05 PM In reply to

    • Drew
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    Re: Adult disabled child guardianship

    Then sons ability to grant a POA to Dad post the accident seems very remote.

    I cannot suggest a grab an run.....the correct step would be to file for legal guardianship of son



  • 06-21-2012 3:06 PM In reply to

    • DPH
      Consumer
    • Top 10 Contributor
    • Joined on 10-08-2001
    • TX
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    Re: Adult disabled child guardianship

    Your original question was:  "What do I need to do to ensure I am involved in son's life and decisions surrounding his care?"

    I suggest that you consult a local attorney to see if you have any options.  Is it possible that son received some sort of settlement as a result of the accident and Dad is using those funds? 

    Tonya Sandoval:

    Son has been in a coma then a vegetative state since the accident.  He does not walk, talk or communicate.

    I would have to assume that he needs a legal guardian and not sure that Dad has the right to just step in and "appoint" himself as that person.  If all Dad has is a medical POA and is using son's funds outside of the law, then someone needs to step up and take a look at the situation.  Contact an attorney and lay it out for them.

     

    "Never argue with stupid people, they will drag you down to their level and then beat you with experience."  -  Mark Twain

     

  • 06-21-2012 8:32 PM In reply to

    Re: Adult disabled child guardianship

    What law covers our problem?  Would I look for a Family Law attorney?

     

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