Get an order of guardianship appointing you Guardian on the basis of incompacitation. PM me if you are in NY

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This is a great idea.

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talk to a lawyer about it

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Good advice.

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I have an adult child with cognitive disabilities. Guardianship is reserved for those who are found to be 'incompetent'... we were directed to get a durable power of attorney (all legal, medical and financial matters). <br />
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When my grandmother was beginning to show signs of cognitive loss, we consulted the Area Agency on Aging (USA) and they came to her home and did a 'survey' with her, asked her to cook for them, to determine if she was safe being alone on her own. <br />
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I'm sure there are social service agencies you can consult for practical advice. Good Luck.

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The appropriate steps vary with each case. You should work with the health care professionals and have legal counsel.

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Healthcare professionals are barred from discussing any medical issues with a third party without subject's consent. Have to get Guardianship first.

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"Adult Children and HIPAA: What You Should Know
The HIPAA Privacy Rule does allow doctors and other medical personnel to share information about a person's medical condition with their adult children, friends, or caregivers, assuming the patient does not object. A senior can provide authorization for their loved ones or caregivers to have access to their medical records and participate in doctor's visits. If an individual invites their adult children to a doctor's appointment, the doctor knows that the patient wants their children to know about and understand their medical condition.
However, if the patient can't make their wishes clear, HIPAA allows the doctor to make a judgment call on who to discuss the information with, based on what he or she believes is in the patient's best interest. This means that usually, an adult child or caregiver should be able to learn about their parent's medical condition.
However, to be absolutely certain of access to an elderly parent's medical records and care, putting the directive in writing is always a good idea."

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Not necessarily in all cases. My experience has been that you usually need a health care professional to support a guardianship application. Of course, a guardianship can be a great deal of work, and some expense, for the guardian. Often, the situation can be adequately managed with a power of attorney and healthcare power of attorney.

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Health professionals' affidavits in support of guardianship submitted to the court is not a hipaa violation (although there is challenging litigation pending) HIPAA requires the subject to consent to the release of info to adult children although doctors can make judgment calls in the patient's best interest. That's why prior directives are favored. Power of Attorney and Healthcare Proxy are the way to go if the patient has capacity to consent. The Guardianship petitioner is compensated from the guardianship property, in NY at least.

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Thank you for that explanation.

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The accounting and reporting requirements for a guardianship can, at least here, become costly. While you can pay that out of the guardianship estate, that obviously diminshes the resources available to pay for the ward's care and needs. Another issue that should be considered is the Medicaid look back period if the elderly person has significant assets that he or she wants to preserve for relatives.

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Thanks for the guardianship direction. I will definitely look into it. My parent lives in NJ, my sibling lives in NJ, but I do not. To alleviate any jurisdictional or differing State Law issues, should my NJ sibling be the guardian?

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good advice.

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go for guardianship or request to state govt for making it possible

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