hana Posted November 5, 2012 Share Posted November 5, 2012 (edited) Update: I think we're doing okay--family meeting tomorrow. I feel bad posting again, as I owe thanks and follow-up for much appreciated replies on another thread, but I'm spinning multiple plates here. Any thoughts on guardianship vs power of attorney (either would be given to sister) for an adult with Down Syndrome. He's my brother, age 44. He can read for enjoyment and for some information, but he can't process complex written information. He. cannot. do. math.--like not even change from a dollar. He also has Type 1 diabetes. He cannot give himself insulin. Thus, he needs help in everyday living. My sister wants to take over responsibility from my 85 yr old mother (he lives primarily with my mom, but spends a couple nights a week at my sisters, and he participates in a day program). My mom has always had power of attorney, but would feel more comfortable with my sister having guardianship. Also, I think he's competent to sign another power of attorney. It's reasonable that he cannot make medical decision, but can choose who makes those decision for him. It's reasonable that he cannot handle his money, but can choose someone to do that for him. That's most of the story, but here's a little more: 1. I think my mom's concern is that my brother will be taken advantage of by the "freedom" he gets within his day program. They encourage him to fulfill his dream of writing a book, which he cannot physically, or mentally, do. Trust me, I've tried having him tell me what he wants to write, etc. He has a dream, but nothing to write. They tell him he can date, etc. He's not interested, but feels some pressure about this. They think he would be happier in a group home. He might well be, but his diabetes is not easy to deal with--he has insulin reactions in which he ends up in a seizure or unconsious (rarely, thank goodness, but VERY scary). He has neuropathy and foot issues. He needs more extensive care than a group home could likely give well. With a power of attorney, someone could encourage him to change it. 2. I want my mom to be comfortable, but I really hate inviting the court into family matters. I love my sister, but I don't like the idea of her always be "in charge of" him, forever, without changes in court. 3. Frankly, I don't want my brother to be declared incompetent. He's so competent in so many ways, that this is making me sob. For example, he loves to vote; I don't want that taken away. Clearly, I am not emotionally removed enough to be be involved in this. Any insights, BTDT, etc. will be appreciated. Edited November 6, 2012 by hana Quote Link to comment Share on other sites More sharing options...
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