| Author |
Family Matters:  Mentally disabled person's rights? Update!  |
|
|
Dorinda
True Blue Farmgirl
1023 Posts
Dorinda
St. Cloud
Florida
USA
1023 Posts |
 Posted - Jan 19 2013 : 07:46:59 AM
|
Does anyone know any laws on the rights of a person mentally disabled? My disabled sister is being held against her will by my alcoholic sister. She does not have guardianship over her. My disabled sister's name is Tammy. She wants to go live with my other sister in Alabama. But my sister and her live in boy friend will not let her go. He drinks also. Neither one of them work and has not worked a steady job in 7 years now. Tammy was in a day care program 2 days a week when my Mom passed away in October. The day care said that my sister is behind in paying them and Tammy will not be able to continue to go there if the payments are not caught up. No payment since the middle of December. We think it is because they want her government check. That is why they will not let her go stay with the good sister in Alabama. Tammy is very unhappy and is very depressed about living there when I pick her up for the day.
Seize The Day!
Dorinda |
Edited by - Dorinda on Jan 21 2013 5:21:22 PM |
|
|
cajungal
True Blue Farmgirl
2349 Posts
Catherine Farmgirl Sister #76
Houston Area
Texas
2349 Posts |
Posted - Jan 19 2013 : 08:14:56 AM
|
Omg....what an awful situation. Does Tammy have a case worker? Try contacting APS, adult protective services. If Tammy is receiving monies then there should be a file/case open on her. Someone with that department should be able to help.
There is also the option of calling the police for a domestic issue/concern. Since no one has legal guardianship over Tammy, she should be able to do what she wants. The police can assist in helping remove her from the abusive home. You just need to have a place ready for her to go to.
Whatever you do, it's probably going to be a messy situation and cause some more family tension. But, you have to do what you believe is right for your sister, Tammy.
I'll be praying.
One of the best compliments from one of my daughters: "Moma, you smell good...like dirt." |
 |
|
|
prayin granny
True Blue Farmgirl
1874 Posts
Linda
Kansas
1874 Posts |
Posted - Jan 19 2013 : 08:17:15 AM
|
I think each state has their own laws?
But usually the person who holds the guardianship has the legal say.
All states I believe have adult protective services that you can call and get information/advice.
If these people do not have any legal authority over her and she is just staying with them, renting from them etc? She can leave legally.
Is her income sent via mail or an automatic deposit?
Whoever has the guardianship over her could probably secure those things for her and get her out of there. If concerns for safety in moving her from there? I'm sure adult protective services and a sheriff could assist with that.
Many good thoughts and prayers as your family tries to solve this! But they cannot keep her against her will. That's abuse and adult services could defineately help with that. It sounds like an unsafe situation for her!
Hope this helps somewhat.
Farmgirl hugs,
Linda
Country at Heart |
|
|
|
queenmushroom
True Blue Farmgirl
985 Posts
Lorena
Centerville
Me
USA
985 Posts |
Posted - Jan 19 2013 : 3:56:04 PM
|
If she has no legal guardian, she maybe automatically a Ward of the state. Definitely call also and get them involved. Start looking into the process of.becoming guardian if that is your wish. She may become a.Ward of.the state until this takes place.
Patience is worth a bushel of brains...from a chinese fortune cookie |
|
|
|
Dorinda
True Blue Farmgirl
1023 Posts
Dorinda
St. Cloud
Florida
USA
1023 Posts |
Posted - Jan 21 2013 : 5:27:56 PM
|
So my sister is coming here from Alabama. She has already contacted the Sheriff's department. She is headed to DCF with a video I took on our Tammy crying and talking about how she is treated over there. Also I have a picture of a large bruise on her breast where they were yelling at her and scared her and she fell down running to her bedroom. My sister in Alabama is so mad. This is not going to be good. Geez all this fighting since my Mom passed away. I am just going to pray really hard that this will end soon and everything will work out. Poor Tammy is caught in the middle.
Seize The Day!
Dorinda |
|
|
|
ceejay48
Farmgirl Legend/Schoolmarm/Sharpshooter
13764 Posts
CeeJay (CJ)
Dolores
Colorado
USA
13764 Posts |
Posted - Jan 21 2013 : 6:09:04 PM
|
Dorinda,
I'm sooooo sorry to hear of your sister's situation. Abuse is abuse, no matter what and you should be able to get law enforcement assistance with that. If your sister is not capable of making her own decisions, safely and reasonably, then someone needs to become legal guardian(s) for her.
Our son is 39 years old and was born with Down Syndrome. We are his biological parents but we learned a very long time ago that we had to ALSO file all the paperwork to become his LEGAL GUARDIANS. We did that before he turned 18 years of age, because at that point in time, no matter if a person is disabled, they are considered an "adult". And, since he is not able to make safe and reasonable decisions for himself he would have become a ward of the state. We did NOT want that to happen so we became his LEGAL GUARDIANS as well.
We were able to complete and file all the paperwork ourselves WITHOUT engaging (and paying for) an attorney. I would think you could find some help through your state for doing that. We paid a filing fee, had a "visiting" attorney who was appointed by the courts to come and visit us and our son and make his recommendations to the judge, which he did. My hubby and I and the "visiting" attorney met with the judge who deemed it right, reasonable and the thing that needed to be done and signed the papers. Since the "visiting" attorney was court appointed as part of the process we did NOT have to pay for that. It requires some paperwork but, at least for us in Colorado, was NOT something that required the services of an attorney.
Anyway, NO ONE has the right to treat her that way, NO ONE!!!!! I will be praying for some guidance, wisdom and for the right answers to come your way.
CJ
..from the barefoot farmgirl in SW Colorado...sister chick #665.
2010 Farmgirl Sister of the Year
Mother Hen: FARMGIRLS SOUTHWEST HENHOUSE
my aprons - http://www.facebook.com/FarmFreshAprons
living life - www.snippetscja.blogspot.com
from my hands - www.cjscreations-ceejay.blogspot.com
from my heart - www.fromacelticheart.blogspot.com
from my hubby - www.aspenforge.blogspot.com |
Edited by - ceejay48 on Jan 21 2013 6:10:22 PM |
|
|
|
Dorinda
True Blue Farmgirl
1023 Posts
Dorinda
St. Cloud
Florida
USA
1023 Posts |
Posted - Jan 21 2013 : 6:33:19 PM
|
That's what sister in Alabama wants to do. She wants legal guardianship of her. But my oldest sister wants legal guardianship also. They are fighting over her. I tried really hard to talk my oldest sister into giving her to my sister in Alabama but she refuses to. My sister in Alabama would be the ideal place for her. She is very Christian keeps a very organized and tidy house. My oldest sister drinks and house is very UN organized and a disaster. She keeps a lock on her gate and will not let my sister see Tammy because she knows my sister wants her. My Mother wanted Tammy to live with my sister in Alabama. My oldest sister will not turn her over. I still think it is for the money. She has changed the lock on my Mothers house and locked all of us out. She saids she is going to rent Moms house out to use the money for Tammy. This is a mess. My oldest sister gets angry really easy when she is drinking. I myself is a little afraid of her. This not going to end well. I pray for Tammy.
Seize The Day!
Dorinda |
|
|
|
queenmushroom
True Blue Farmgirl
985 Posts
Lorena
Centerville
Me
USA
985 Posts |
Posted - Jan 22 2013 : 3:33:52 PM
|
I'm so sad to hear this. Prayers sent and I pray the lord will answer soon.
Patience is worth a bushel of brains...from a chinese fortune cookie |
|
|
|
cajungal
True Blue Farmgirl
2349 Posts
Catherine Farmgirl Sister #76
Houston Area
Texas
2349 Posts |
Posted - Jan 24 2013 : 5:42:44 PM
|
That's good news that your sister is coming in to help with Tammy. I will pray that it goes better than anticipated.
One of the best compliments from one of my daughters: "Moma, you smell good...like dirt." |
|
|
|
FebruaryViolet
True Blue Farmgirl
4810 Posts
Jonni
Elsmere
Kentucky
USA
4810 Posts |
Posted - Jan 25 2013 : 06:33:44 AM
|
Dorinda,
Each state does have it's own laws, but working for an attorney, I say bully for your Alabama sister coming up. She will likely need a local elder law attorney, and it wouldn't hurt to go ahead and DCFS to do some preliminary investigation. Here's the thing--will your other sister (the drinker) be able to hire counsel to obtain Guardianship? It's not an easy thing and it can be time consuming (and thus, costly) depending on the state. I would simply tell your Alabama sister to push on ahead because I really believe she will ultimately obtain guardianship over the other sister--she's just bluffing. It's terrible to me that since your mother died, your sister has lived this way--her mental capacity for understanding why her own flesh and blood are hurting her just absolutely breaks my heart. I can hardly stand it.
Please know that your sister is in my thoughts.
"Hey, I've got nothing to do today but smile..."
The Only Living Boy in New York, Paul Simon |
|
|
|
FARMALLChick
True Blue Farmgirl
978 Posts
Lora
Alexandria
IN
USA
978 Posts |
Posted - Feb 08 2013 : 11:22:35 AM
|
Sending prayers your way Dorinda. Having similar issues over my grandfather with my mother. It's not fun and there is no easy solution. Luckily for me I also have a sibling that is with my in trying to do the right thing. Good luck to you and your sister's for this working out for the benefit of Tammy.
"Courage is being scared to death and saddling up anyway" -John Wayne
www.CountryFriedAcres.etsy.com www.farmallchick.blogspot.com www.farmallchickphotos.blogspot.com |
|
|
| |
Family Matters: Mentally disabled person's rights? Update! |
|
Mentally disabled person's rights? Update!
