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Jim Rockford
LSU Fan
Member since May 2011
90023 posts
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Question for OT lawyers or health care professionals.

I know someone who suffers from mental illness. This person is of above average intelligence and are able to live somewhat independently but is unable to work and is on disability. They own a home and have substantial savings, but have trouble with day to day management like paying bills on time,maintaining their home, etc.

I believe this person's family members would be unreliable and/or not act in their best interest if placed in charge of affairs. Because of distance I am unable to help much.

What would be your recommendation in this scenario? TIA


Mingo Was His NameO
LSU Fan
Brooklyn
Member since Mar 2016
25427 posts
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quote:

What would be your recommendation in this scenario? TIA


Remove myself from the situation


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302
Bluefin
South Carolina Fan
The Banana Stand
Member since Apr 2011
12652 posts

I'm a lawyer. Send me his bank account info and I'll handle the rest.


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141
theunknownknight
LSU Fan
Baton Rouge
Member since Sep 2005
53608 posts

quote:

I know someone who suffers from mental illness. This person is of above average intelligence and are able to live somewhat independently


So 90% of the OT


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142
cable
Member since Oct 2018
8587 posts
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quote:

They own a home and have substantial savings, but have trouble with day to day management like paying bills on time,maintaining their home, etc.


I think the term you are searching for is "eccentric"

Unless this person is a threat to himself or others there is absolutely nothing anyone can do. So, otherwise, just move on and let them live however they want.
This post was edited on 8/9 at 10:18 am


Booyow
Member since Mar 2010
3584 posts
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Block their number


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geauxpurple
LSU Fan
New Orleans
Member since Jul 2014
8592 posts
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If they are capable of making their own decisions then they can execute a power of attorney and appoint someone as their agent.

If there is some question about this, than a judge would have to decide if they are competent based upon medical testimony. This is done through an Interdiction process. If they are declared incompetent, the judge will appoint a curator to manage their affairs. This can be a messy process if contested.


Jim Rockford
LSU Fan
Member since May 2011
90023 posts
 Online 

quote:

I think the term you are searching for is "eccentric"

Unless this person is a threat to himself or others there is absolutely nothing anyone can do. So, otherwise, just move on and let them live however they 


This person is a female and struggles with severe anxiety and depression. She wants help and is getting therapy but needs help with day to day life management. I thought the therapist's job was to link the client up with resources but apparently not. In addition, if you know anything about mental illness, your friends fall away so you become isolated. I'm trying to help her. We go way back and I hate to see her in this situation.

St Tammany area if it makes any difference


dyslexiateechur
LSU Fan
Louisiana
Member since Jan 2009
27564 posts

I’d call APS and ask if they have any advice.


cable
Member since Oct 2018
8587 posts
 Online 

Well, there is absolutely nothing anyone can do unless she is a threat to herself or others. What do you want to do - go to court and try to have a conservator or GAL appointed? Good luck with that. Acting irresponsibly is absolutely a right any adult has if they aren't breaking any laws. It kinda sounds like you should talk to her about your concerns and then mind your own business.


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Jim Rockford
LSU Fan
Member since May 2011
90023 posts
 Online 

quote:

If they are capable of making their own decisions then they can execute a power of attorney and appoint someone as their agent.

If there is some question about this, than a judge would have to decide if they are competent based upon medical testimony. This is done through an Interdiction process. If they are declared incompetent, the judge will appoint a curator to manage their affairs. This can be a messy process if contested.


Are their independent third parties who
would be able to do this and if so, finding them? Like I said, her family is unreluable.


Hou_Lawyer
Rice Fan
Houston, TX
Member since Jun 2019
1278 posts
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Likely would need a limited power of attorney which would desrcribe the specific transctions or circumstances where the representative could act on behalf of the individual.

Simple to draft and can probably find a form online. Or pay a local attorney around $300.


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cable
Member since Oct 2018
8587 posts
 Online 

Yea, if a court decides she is incapable of making decision they can appoint an attorney to monitor her, but I'm not sure you'd have a snowballs chance in hell of winning that fight, it would end your relationship with her, and cost you lot of $ - for nothing.

If she is a threat of some kind - get the police to do a wellness check. I don't see this ending well for you and her relationship. I'd only do these things in extreme cases and from what you've posted - I don't think this measures up.


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Gris Gris
LSU Fan
OTIS!NO RULES FOR SAUCES ON STEAK!!
Member since Feb 2008
44363 posts

Perhaps, hiring an accountant to handle her financial affairs and a sitter service to help her with day to day living, though I'm not clear on what her needs are there.

What about moving her to an assisted living facility?


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01
TigerDeacon
Wake Forest Fan
West Monroe, LA
Member since Sep 2003
28060 posts

quote:

I know someone who suffers from mental illness. This person is of above average intelligence and are able to live somewhat independently but is unable to work and is on disability. They own a home and have substantial savings, but have trouble with day to day management like paying bills on time,maintaining their home, etc.

I believe this person's family members would be unreliable and/or not act in their best interest if placed in charge of affairs. Because of distance I am unable to help much.


None of your business.


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Jim Rockford
LSU Fan
Member since May 2011
90023 posts
 Online 

quote:

APS


What is that?


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Abstract Queso Dip
Member since Mar 2021
5749 posts

What kind of money are we talking about here. Private client banking can sometimes help facilitate this. Limited POA is also an option as others have mentioned.

If substantial amount of money Banks have trust departments that have fiduciary duty and obligation to the client that will pay bills and do all kinds of stuff. Local banks probably have a lower threshold. Not sure about credit unions.


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AUFANATL
Auburn Fan
Member since Dec 2007
2531 posts
 Online 


As far as bills go just set up a separate savings account at a bank that will only be used for bills and put all of her expenses on autodraft. No checks or debit cards assigned to the account. That way they won't forget to pay the electric bill or cell phone bill for 3 months because they were depressed.



Jim Rockford
LSU Fan
Member since May 2011
90023 posts
 Online 

quote:

What kind of money are we talking about here. Private client banking can sometimes help facilitate this. Limited POA is also an option as others have mentioned.

If substantial amount of money Banks have trust departments that have fiduciary duty and obligation to the client that will pay bills and do all kinds of stuff. Local banks probably have a lower threshold. Not sure about credit unions.





I estimate she has around 600k in cash and equities, plus she owns her house. It needs substantial repair and may not be worth that much but it's on a large lot in a hot real estate area.


Roll Tide Ravens
Alabama Fan
Birmingham, AL
Member since Nov 2015
31084 posts

If the person has the requisite capacity to sign a power of attorney, then perhaps they could find someone trustworthy to name as their attorney-in-fact. If this person lacks the requisite capacity, then pursing a guardianship/conservatorship might become necessary for someone to do at some point.

I'm not an attorney in Louisiana, so I don't know all of the options there. If you're considering helping this person, then I would find an attorney in Louisiana who handles these sort of issues.


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