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My brother and I live out of state, but my sister-in-law lives in Little Rock. She has recently begun to hallucinate and wander. She is currently in the hospital and will be moved to a residential care facility next week.

She has a disabled 32-year-old son living in Hot Springs. He is low functioning and irresponsible with money. He has a caregiver that doesn't always do a good job, which has affected his health in the past.

My brother and I will be coming to Little Rock in the next two weeks. Our concerns are who can take responsibility for her affairs, especially making sure that her son is taken care of properly. Do my brother and I need to take responsibility for her affairs or can his daughter be involved? Should we get social services involved since we are so far away? What can we do to help them?

Answer #1
I assume that since your sister-in-law is in the hospital, that she has been evaluated to determine what is causing the hallucinations, etc. Staff at Alzheimer's Arkansas will be happy to make an appointment with the family to discuss options. We offer this as a free service.

Phyllis Watkins

Answer #2
Only someone with the legal authority to act for another can do so. This happens one of two ways, either the individual (with the capacity to do so) designates an agent under a durable power of attorney or a court designates someone to act as guardian. Because durable powers of attorney are revocable, a guardianship is generally necessary if the individual has mental health issues.

A guardianship is a court order and requires a petition seeking the appointment of a guardian be filed in the county Circuit Court. One or more individuals must seek to be appointed as guardian. The process usually takes several weeks to get before a Judge, but can be expedited in an extreme case. It requires medical evidence, usually in the form of an affidavit from a physician, and testimony before the Judge as to the reasons a guardian is necessary. The individual must be notified of the proceedings and can challenge the need for a guardian.

Once appointed, the guardian will have the authority to handle finances or make healthcare decisions or both depending on the Court's Order. The guardian is required to make periodic reports to the Court and may have to post a bond. The guardian must also seek the Court's approval for certain actions such as to sell property.

Raymon B. Harvey, P.A.

Answer #3
I highly recommend the service of a lawyer specialized in Elder Law for this situation.

Pham H. Liem, M.D.

Answer #4
I would recommend that these issues be discussed with the Social Worker/Case Manager at either the hospital or residential care facility. There are some legal issues but those things relating to on-going care needs for the sister-in-law as well as the son can be appropriately addressed by the Social Worker.

Edith L. Altheimer, PhD, LCSW

Answer #5
I find myself with questions about the son's status. Is he on the Medicaid Waiver? If he is not on Waiver services you might see if he qualifies. Other issues for son may be emotional in the loss of contact with his mother.

Suzie Hicks

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