Mental Health Care Vent

This is a very long story, I’ll try to be brief.

My elderly neighbor, who suffers from a variety of mental illnesses including psychosis and bi-polar disorder, has been in and out of psychiatric hospitals much of her life; she is presently on her third involuntary in-patient this calendar year. Right now, she is in 14-day hold, previously this year, she had a 30-day and another 14 day. Last year, she was involuntarily held 4-6 times!

Neighbor’s sister has tried, unsuccessfully, to have the treating psychiatrist declare her temporarily unable to care for herself so that she (the sister) can implement a care plan and take charge of day-to-day matters. So far, sister had met with brick wall after brick wall.
NONE of the treating professionals are willing to step outside their comfort zone.

In the meantime, last night, the undercover narcotic squad did a sting of sorts, based on an anonymous tip (it wasn’t me!). While they did not find anything arrestable, they told me that the situation is suspect; the so called roommate, who may or may not have gang affiliation, is somebody my neighbor recently moved in to her home, may be abusing her ie she (neighbor) has made claims of beating (I witnessed a sizeable bruise) hair pulling, yelling etc. neighbor has also claimed roommate has taken control of her passwords / ATM cards etc.

Last night, the Police called son and agreed he seemed pretty checked out; the son, who lives out of state, is not married and has no children, yet he is unwilling to step up and come to his mom’s aid. Regardless of whatever relationship they have or do not have, I cannot fathom hearing my mom is the potential victim of physical and or financial abuse, and being unwilling to intervene. the officer told me it is imperative that one of the family has to step-up.
The officer categorically told the son, it is his belief that his mom (neighbor) is at risk for significant abuse and defrauding.

That’s the backstory. Here’s the question : Is the sister permitted to petition the court as an individual, with decades of medical records to back her request, for temporary guardianship / POA to manage her sister’s affairs until the medical and home life is more stable? If so, how does she go about it?

Thank you!!!

Probably very state dependent. http://jennyhatchjusticeproject.org/50_state_review has some comparison of various states’ guardianship laws, although the site appears to be more focused on stopping abusive guardianships forced upon those who do not need them.

Thank you!

Don’t judge the son. You don’t know what abuse he endured for years. I respect him protecting himself.

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You are right. My apologies.

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Oh, my goodness, what a sad story. I hope that the sister is able to make some headway.

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My husband’s sister has mental health issues. She has been verbally abusive at times. Her adult children have pretty much cut her out of their lives although her son sends her money every month. We have tried without luck to convince Her to get help. :cry:

P of A is different from guardianship in my experience. For P of A my mother had to sign a document that listed me and my brother. Then it was “invoked” by a physician who documented dementia. I am also on her bank account. Very different situation.

Clearly the sister is the only one who can take this on. She should talk to an attorney in elder law. Has she done that?

Yes, the sister has spoken to many professionals, including today when the treating dr. refused to help her in her effort to gain temporary ‘custody’.

You might wonder why I am involved? Mainly because I see what is happening to my neighbor and we, in our community, have all been her extended family for many years; we’ve tken care of her, fed her, called family to aide her when needed etc. I call my hospitalized neighbor each evening and, despite her state of mind, I know she enjoys the calls. This evening she was asking why none of her three husbands have been to visit (she’s a widow) and how my phone calls with her are recorded and reported to the judge!

How any dr. could deem her competent to take care of her own needs, is beyond my understanding… Anyway, thank you!!! So sad.

There has been recent news about fraudulent guardianships, so some who may be in a position to help determine whether someone needs guardianship may be reluctant because of fear of being used as a tool for such fraud.

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It’s very hard to have someone declared incompetent. And yes, mental health supports are greatly lacking in this country.

I hope that things stabilize for your neighbor.

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It isn’t that easy, for good reason, but extremely difficult for family and friends. We tried for years with my FIL with severe FTD. We finally had him picked up for a 72 hour hold, and connected with our local area agency on aging who did an assessment and helped guide us to the get the help we needed. Reach out to your local agency; they can help with intervention and advocacy.

Right now, she is on a 14-day hold; I spoke to her yesterday and she is in and out of reality.
At the time I spoke to her, spies were listening to every word of our call and reporting back to the authorities, yet, in the next breath, she told me how much she loves her dog (a scary pitbull!) and she wants to have him play with my dog; I think not, but at least she remembers that!

Yes, while it may be sad, I’m also mad. A new neighbor, who is yet to move in, has destroyed the aesthetic of our quiet neighborhood street by erecting a 6’ wrought iron fence to keep her out after she wandered in with the pitbull, the day they were inspecting their new home with their three young children! When they purchased the house, have no idea if they knew who there neighbor is.

Anyway, I apologize. I said it is a vent, and it is. I’ve sent the sister details about home health care and asked to to figure out if medical will cover it or even Medicare, at least until she’s a bit more stable when she gets home. It’s hard to mind my own business under these circumstances.

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So now you are mad that a family with 3 young children are protecting their kids from a mentally ill woman and her untrained pitbull? When the housing market is crazy right now they likely had to pick the house that wasnt 100% perfect.

If I were the family, I would feel more upset that I was spending thousands of dollars on a fence that I may not need for long if the lady finally is committed.

I understand that you feel for your neighbor. Mental illness is very sad. I agree. But please dont be angry at those who are protecting themselves.

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Um, no! I am NOT mad about that, or them. I’m mad that they HAD to do that. And furthermore, mad that they probably had no idea that they would NEED to. I’m quite confident neither the realtor or the previous owner (who sold his house for those very reasons) disclosed the potential pitfalls.

Again, I apologize to you. I understand I may not have written as clearly as ought.

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