Page 1 of 1 [ 4 posts ] 

Tina C
Emu Egg
Emu Egg

Joined: 8 May 2017
Gender: Female
Posts: 1
Location: New York

08 May 2017, 8:47 pm

I have a daughter who is turning 18 next month. She has autism, seizures and apraxia. She is nonverbal but communicates well with the Touch Chat app. I'm applying for guardianship with my husband but we're having a difficult time finding alternate guardians. We thought her cousins would accept the idea but they're all not willing. I explained I'm not asking them to take her in and physically care for her. It's merely for consents and running the trust fund. And hopefully not for another 30+ years. Is it OK to not name any alternatives? She has no siblings. I really don't want her to become a ward of the state when her father and I die but what else could we do? Not really sure what my options are. Any advice? Feeling very depressed right now.



Chronos
Veteran
Veteran

User avatar

Joined: 22 Apr 2010
Age: 44
Gender: Female
Posts: 8,698

16 May 2017, 4:51 am

Tina C wrote:
I have a daughter who is turning 18 next month. She has autism, seizures and apraxia. She is nonverbal but communicates well with the Touch Chat app. I'm applying for guardianship with my husband but we're having a difficult time finding alternate guardians. We thought her cousins would accept the idea but they're all not willing. I explained I'm not asking them to take her in and physically care for her. It's merely for consents and running the trust fund. And hopefully not for another 30+ years. Is it OK to not name any alternatives? She has no siblings. I really don't want her to become a ward of the state when her father and I die but what else could we do? Not really sure what my options are. Any advice? Feeling very depressed right now.


Are her cousins about her age? If so, then the thought of managing her affairs might be beyond them at the moment, and they might change their minds in the future.



Tawaki
Veteran
Veteran

User avatar

Joined: 30 Sep 2011
Age: 59
Gender: Female
Posts: 1,439
Location: occupied 313

16 May 2017, 11:43 am

Guardianship can be a hassle. My sister was one for her FIL, and it was only the constent/money end of it. After seeing what she went through, I wouldn't be anyone's legal guardian.

She had to appear court every year and the judge review every single penny that was spent. This was time missed from work, and one year the case was reschedule three times. My sister had to explain why this was needed, or why she did X.

Her FIL was in assistant living. Guess who got calls when he was acting horrible at 3 am? Her. Even if care takers took him to medical appointments, she still have to talk to the medical professionals. Guardianship still means you are actively involved.

Guardianship is really a labor of love. The judge told my sister, non first degree relatives last two years top before they petition the court to be removed.

I don't know why you thought the cousins would be up for this, unless a long time ago they said they would. For your sake, I'm glad they said no now, instead of a year into the process and dumping it off on the state.

If the trust is big enough, it might be worth looking for a lawyer YOU like to appoint as a guardian. I believe they are allowed so much money to off set what it costs them to handle it. Believe me, in my state, the state appointed ones get their cut.

My state allows people to handle guardianships for a living. I do know the FIL eventually got a non state appointment woman to handle his affairs. It might be worth checking into if that is an option.

I would never leave anything blank on a legal document. What you want has to be better that the state's default.

Good luck. :heart:



Tawaki
Veteran
Veteran

User avatar

Joined: 30 Sep 2011
Age: 59
Gender: Female
Posts: 1,439
Location: occupied 313

16 May 2017, 11:51 am

https://www.google.com/url?sa=t&source= ... j1uqayW_aA

This is a PDF/download from the state of New York about guardianship. (Your profile says New York, so I assumed you are from there)

In the middle of the document it says who they allow as guardians for incapacitated adults. You have similar choices as I would in Michigan.

Sorry the link's a mess. Posting on a mobile phone.