Deemed incompetent

[forgetmenot]

Who takes over that decision for a family member if he is deemed incompetent

i don't know i was asked to do this to make decisions for my brother as he cannot now
if i don't who will take over his care

Will it be courts and is that really what is the best for him
I still have not given my answer i don't know what this will entail if i do decide to accept this position and if i decline then what

 

[Banned]

If I'm not mistaken someone should have power of attorney for this person. If that hadn't happened then I believe the court can appoint someone if the person is no longer able.

If I recall correctly, if you choose not to I think other family members may have the option to step forward. I think.

 

[forgetmenot]

i thought so then no i don't want courts making any decisions for him I will have to step in then as i know noone else will thanks Turtle

 

[Retired]

Who takes over that decision for a family member if he is deemed incompetent

You would have to check with a lawyer (or notary if in Quebec) or whatever legal professional body administers such matters in your jurisdiction.

My understanding is that if the person in question has provided instructions as to who would administer their financial and health care decisions in a legal document while they were still considered competent, the instructions in that document would be followed.

It's why everyone should write, in addition to a will that provides instructions for their property in the event of death, a living will that provides instructions for their health care and life support in the event of incompetency or incapacity, as well as a mandate or power of attorney for someone to manage their financial affairs in the event of incompetency or incapacity.

Depending on the jurisdiction, these responsibilities may well be turned over to a public curator who is a court appointed civil administrator who assumes total control over the person's assets and uses specified legal protocols to judiciously manage the person's affairs.

If you are unsure, you need to search the person's home for such a document, contact the person's lawyer or notary, bank manager, family doctor, the hospital administration, the person's accountant accountant or any other adviser to find out if such a document exists. In some cases, people with no immediate family or trusted acquaintances, will appoint a financial institution such as a Trust Company to administer all these functions, including their powers of attorney. In that case, the person should have a card in their wallet identifying the Trust Company or other Institution that is so named.

Sometimes family members are aware, particularly the family member who has been appointed in the mandate / power of attorney, as it is customary to advise that person, or at least ask their permission and approval if they would be willing to assume that responsibility.

When the process is brought to court for final approval and probate, it may be subject to challenge, but that would depend, again, on the particular protocols of the jurisdiction involved.

Until such authority is granted, bank accounts are frozen, assets are frozen, property cannot be sold, leases cannot be cancelled, and property cannot be removed from the person's home.

Situations like this underline the necessity for each of us to have a will, a living will and a mandate or power of attorney for health and financial administration i the event of becoming incapacitated.

 

[forgetmenot]

Thanks STeve my brother has nothing just his disability money that comes in every month at one time i told act team i would take responsibility for my brother but when i got not so well myself i told them i could not be his carer anymore. Now he is in hospital actually whitby shores and he is not well mentally so that is why i guess they ask me to make decision on his behalf regarding medication I will talk to them i guess friday after i talk with my Therapist

I walked away from one and he ended up leaving us i don't want to make same error again

I think i can handle this im not sure i just have to stay the professional I handle meds every day and i know what works for my other siblings same blood line same dam disease even if i can just give some input it may help him

If the courts take over they will only see my brother as a number as an illness they will not see him as he truly was dam i think i know what i need to do thanks

 

[Retired]

I would suggest getting legal advice before making any commitments or signing any papers, because of potential liability issues. You need to have a power of attorney to access his assets, even if it is to redirect his disability benefits to pay any of his expenses.

I happen to be in a similar situation at the moment, and the legal advice received is very specific about making any commitments without legal authorization on behalf of the incapacitated person.

If the courts take over they will only see my brother as a number as an illness they will not see him as he truly was

I'm not sure of public curators are that impersonal, but they will, however, ensure all his legal rights are protected. It is not an easy responsibility to undertake, as there is a great deal of bureaucracy involved to administer another person's affairs.

 

[forgetmenot]

I don't have that in me i don't want to talk to anyone i just want to do what is best for my brother i will not sign any papers iw ill tellthem i will help them in the decison making with medication only i don't need anymore responsibility put on me i just want to make sure he is taking care of with compassion that all thanks Steve but lawyers and all that stuff no i can't talk to people i can't trust people no i can't do that i will wait i won't be impulsive i will think this through before giving my answer I told them friday so i will wait until friday after i talk with my therapist thanks for advicing me not to sign anything i won't

 

[Retired]

If there is a social worker associated with your brother's case, that person may be able to provide some guidance in connection with your brother's care.

However, I would not accept the advice of the social worker in connection with signing papers or paying accounts on behalf of your brother, to protect yourself from future liabilities.

You need to speak to to a competent legal advisor to know your rights, responsibilities and potential liabilities.

 

[forgetmenot]

I hear you legalities i know but i won't go there so perhaps talking to social worker is something i can do and go from there

i am already responsible for enough people now

My therapist says to set boundaries for me so i am not so overwhelmed

maybe i don't know it would be best to let others take care of him i will see thanks Steve

 

[Retired]

You may be right, if your current situation limits how much of your time and effort you can afford to share at this time.

Being the mandated care giver and administrator for an incapacitated person is time consuming. You need to communicate with government agencies on the person's behalf eg Canada Pension Plan, OAS, Income Tax and perhaps others. In addition, you need to arrange and manage any income so that the person's expenses are covered, meaning dealing with any bank accounts, setting up payment schedules and ensuring the person's income taxes are submitted and paid.

If the person owns property, it may have to be liquidated, if there are any loans, they have to be paid off.

Additionally you may be consulted for their medical decisions, and if a living will was not provided, you have to make decisions about treatment and life support, when required.

You are not obligated to assume these responsibilities, if you feel you are unable to manage them, which is why public curators are available to assume these responsibilities.

The social worker should be able to give you more insights into how the system works in your area.

 

[forgetmenot]

Just talked with my therapist my brother has nothing as stated so i am not worried about any belongings he owns i don't think i can handle this but there is no one else and having a stranger to do this just does not sit right i will be careful moving forward

 

[forgetmenot]

my appt with my therapist he got me to see that i was not bad if i chose to not take on my brothers medical decision making

He said the legal system would take care of him and the professionals at whitby shores would make sure he had an advocate

im tired now i have to make a phone call later to his social worker to let her know i have too many to look after now and if i were to take on my brother as well it would be not in my best interest.

Choose who my energy goes to and that will always have to be my girl first

 

[GDPR]

I think you made the best decision...

 

[forgetmenot]

Thanks Lost In Thought i just made the call i left a message on her machine it was easier that way

I did not have to talk to anyone just left msg stating for my own health i could not help

I did say to make sure doctor is aware that so far abilify seems to be helping the others in my family same blood line so it could work for him as well

Doc said it was first time first time i set boundaries for me

It does not make me feel any better but as he says feeling something wrong does not mean it is wrong