Limits of Guardianship for a Person Diagnosed with a Mental Illness

Attorney Andreas Liewald discusses the limits of guardianship for a person diagnosed with a mental illness and under what conditions guardianship is appropriate in this Quick Takes for Your Practice video.

[@luzmadrigal6449]

I love how he is organized explaining details very helpful

[@KarenS-qe3ly]

Hi Andreas Liewald, and Thank you for your Video. I have a friend who has been deemed Mentally Ill. My friend is living in a State Group Home, and because he is confined their and cannot leave he chooses to NOT pay rent for residing in the Group Home. My friend manages his life so well that you would never know that he is Mentally Ill; he even manages his Money very well. The State is applying for Guardianship of my friend to try to get control of his Federal Benefit Money. What can my friend do to Prove that he does NOT need a Guardianship, so that the Court will NOT grant Guardianship to a Proxy of the State?

[@theresashaw5027]

My mother has severe schizophrenia & don't have a lot of money . I live I Michigan.she has been petitioned by other people than me over the past 8 years for inpatient treatment & in the last year she was court ordered by the judge to take medications because she was not taking medications at inpatient psychiatric ward

[@aubsweets5116]

May I ask how were you able to get the judge to court order her to take them? did you just go to the local courtroom or did you have to hire an attorney

[@christinagomez1334]

I’ve been going through the same thing for 10 years with my mother, just wanted to let you know, your are not alone 💜 best wishes to you 💜

[@christinagomez1334]

@@aubsweets5116 My mother is currently in the hospital and has been refusing medications for a month now, the hospital are the ones going to court to obtain an order to give her medications against her will.

[@webbfam2480]

@@aubsweets5116you can file a petition for hospitalization. It doesn’t have to be a doctor who files petition. I filed a petition for a relative and the patient eventually was placed on court ordered treatment.

[@michaelneal900]

what if a guardian finds the actions and behaviors of the ward untenable, and detrimental to themselves (the ward) and in some cases threatening the well being of the guardian.

[@espada9]

What if the person is physically unable to take care of themselves?

[@marciasouthwick9748]

What about supported decision-making agreements to bypass guardianship? For many people, that's sufficient. If it isn't, only then should guardianship be an option. This is what is suggested by the Uniform Guardianship, Conservatorship, and Other Protective Arrangements Act. Alternatives are spelled out in Section 5. Illinois makes provisions for such agreements as an alternative to guardianship. I hope lawyers in Illinois are now addressing this, as it respects the rights of those with disabilities, mental or physical. (Maybe Illinois doesn't allow for supported decision-making for mental illness? Not sure, but they should.) Thanks! Another option presented by UGCOPAA is the enactment of "single orders" to bypass consent if needed. No need to just strip a person of dignity and autonomy to move them to or from a hospital, for example.

[@user-sl6wz8jm8q]

my aunt is a citizen United kingdom after marrying British person.,after lossing her husband last 2020 she was depressed and diagnosed with dimentia.She is currently living here in the Philippines because of her mental condition.how are we going to apply for legal guardianship so that she can still avail whatever priviledges due to her in United Kingdom?

[@reiignkiingentertainment2737]

i ask you a question my guardianship i am being fiance abuse too, she doing me not right .i get a petition agaist her

[@ASMR-XI-ZUI]

Hello. I'm just wondering how inheritance can be effected with someone with mental illness. Is it wrong for the parents to give all homes and inheritance to the well gifted male sibling (who also has a high wage in banking). Yet leave the mentally ill daughter with absolutely nothing. Leaving her living in a motorhome or in council flat on her own cut off and isolated on the bare minimum? With no support at all. Dang that sounds very bad. Shocking. What a horrible parent.

[@sheila7552]

It should have never been chosen over my parents they are perfect and have had her for 7 months in their care tried to blame it on their age

[@sheila7552]

State forced guardianship of my special needs child upon the age of 18 corporate guardian over my parents judge chose and I don't matter because CPS has literally stole my child from the hospital while on a ventilator though she had a medical emergency due to her epilepsy they stated I tried to kill her and completely lied and said I tried to unplug a ventilator now won't let me communicate with the hospital to go through reports to find the truth

[@Lani-Grace]

Most of these people are just like Dorothea Puentes

[@Cozybelle30]

Looking for answers and advice if anyone sees this who can help: my mom has had a state appointed guardian due to mental illness since I was a child. The guardian won't keep me in the loop on her care, hospitalizations, transports etc. He is too busy or just doesn't care- I don't know. He sometimes gives me vague answers to emails to get me to shut up for a while and then dissappear. The facilities can't tell me anything without the guardian allowing me to be on her HIPPA form and the guardian avoids me when I ask him for that. I can't afford to become her guardian. Her illness is extremely severe and she needs to be in a facility with round the clock care and I only make $13 an hour and can only support myself. The guardian has more funds and resources to keep her off the streets but is there a legal way to become a co guardian or a poa or -something- that will let me have basic information on how my mom is and where she is? I'm not asking for the right to make a bunch of decisions. I just want to know she is ok and have the right to know.

[@connielopez4920]

Hire an attorney and file for guardianship for yourself then you can remove her and play cherrelle Square where they're giving you information and you're allowed to see her and what have you we are doing the same with my dad and so we're just waiting on a court hearing so that we are granted guardianship from Houston Texas

[@misspinkpunkykat]

Isn't this what Britney Spears' father had over her?

[@ricosbar9643]

my brother is lame also a brute & a bully he should not be guardian what was the judge thinking?

[@foureyedchick]

Looks like my older brother. A bully who always beat me up. He has multiple arrest record, but he wants to put ME away!

[@judofright4206]

institutional ableism

[@ReginaCordoba]

New subbie

[@minniekudzala6934]

Bingo! : )