Anyone have experience in getting guardianship for a mentally ill adult?

[Twinmom]

My brother in law, who is 56, has bipolar disorder, recent chemical dependency issues and diabetes. He is an extremely difficult man to deal with, often off his meds and frequently moves around. Currently, he is in a psych hospital in Houston after an particularly bad episode. His psychiatrist is recommending that we file for guardianship over BIL and he is willing to state on the capacity form that BIL is totally disabled.

 

The only family member able to handle BIL is my husband...but we live across the country in NC. I am a social worker with a background in mental health, so I usually handle everything that doesn't require conversations with BIL (he can be abusive, so DH talks to him). We could apply for guardianship but might be denied, which would place him under the authority of either an indigent guardianship program and/or that an attorney would gain guardianship. He has no significant assets, so that's not an issue...just the constant stress and responsibility when we have a BIL who fights us as well as four special needs kiddos at home (who are obviously our first priority).

 

So...anyone ever been through this process who can offer any advice/comfort/referrals? If you want to chime in an opinion but haven't been through the process, that's ok, too. Just know that we realize there is nothing we can do to change him but that we do want to keep him as physically safe as possible until he passes away. Arranging living situations and protecting his finances are a big part of this...

 

Having a mentally ill family member is no fun. :glare:

[TravelingChris]

I haven't done this. I looked into this at one point but it became unnecessary. Becoming the legal guardian does not mean he has to live with you. WIth adults, the guardians usually don't live with the person. It does mean that you can do things like sign him up for social services and benefits that he apparently isn't competent or healthy enough to do. Check Texas law online. I would suggest you look at the NAMI website.

[emeraldjoy]

My brother in law is paranoid scizohprenic. Until October when he became involved with the law and decided I was the devil, he lived with us. We were his "caretakers', but not legally....loosely I suppose. I do not have any advice as we are facing some of the same legal issues. I will watch this thread to see what sort of information people have.

 

I just know...know, know, know...how hard it is to have family with mental health issues, in-law family to be exact. Adult mental health is one of the hardest things ever to manage. I too am a social worker and this situation has made me feel incompetent to the point of questioning my chosen life career. My thoughts are prayers (and emphathy are with you)...there are no easy answers and very, very, very few options as you all too well know I'm sure.

 

emerald

[Cera]

What is your legal liability as his guardian?

 

That would be a huge factor for me.

[Twinmom]

What is your legal liability as his guardian?

 

That would be a huge factor for me.

 

Still looking into that, but I believe we'd be responsible for paying his bills, making doctor's appts., managing his "estate" (nothing but SSI), filing his taxes, etc. I don't think we can be considered liable for his actions in terms of, say, illegal activity, etc. but we would have the power to sign him into treatment, determine where he lives, etc. He would NOT live with family members. We are looking into assisted living right now.

 

It is extremely hard to have a mentally ill family member. In fact, it totally sucks. For me as a social worker who is just a SIL, it is doubly hard to have to make/advise such significant decisions for the rest of the family. Even the docs all call me now instead of my in laws or my husband. This is but one of the reasons I hope to have someone outside the family assigned as guardian. I have too much on my plate to handle it, unless my BIL takes priority over my own children and their OT, homeschooling, etc. Rock and hard place, meet me! It's a good thing I trust that God is with me or I'd just roll up in a little ball and hide.

 

The doc called me tonight and said he'd get me referrals for a good geriatric psychiatrist in Dallas as well as a Dallas attorney experienced in guardianship applications (BIL will be returning home to Dallas after his release). I've given MIL numbers to call for assisted living and the doc says he's going to set up home health care with bipolar drugs by shot every two weeks. If all goes according to plan, this could work out fairly well. That's a long shot, I know, but I can hope.

[Twinmom]

My brother in law is paranoid scizohprenic. Until October when he became involved with the law and decided I was the devil, he lived with us. We were his "caretakers', but not legally....loosely I suppose. I do not have any advice as we are facing some of the same legal issues. I will watch this thread to see what sort of information people have.

 

I just know...know, know, know...how hard it is to have family with mental health issues, in-law family to be exact. Adult mental health is one of the hardest things ever to manage. I too am a social worker and this situation has made me feel incompetent to the point of questioning my chosen life career. My thoughts are prayers (and emphathy are with you)...there are no easy answers and very, very, very few options as you all too well know I'm sure.

 

emerald

 

I'm so sorry about your BIL...I'm right there with you! Wasn't long ago that my BIL was saying that his troubles were all my fault (of course, I'm the one pulling the "strings," don't ya know?) and that God was instructing him to go to Brazil and await further instructions for saving the world. :confused: It's doubly difficult when you are supposed to have all the answers as a social worker. I know I don't have them. Adult mental health care in this country really is hard to negotiate.