QUESTION
My son was born severely disabled, he is about to be 18 years old and has the mental capacity of a infant. He is unable to communicate and needs
Asked on Sep 26th, 2011 on Guardianship and Conservatorship - Louisiana
More details to this question:
he will always need complete and total care. I am concerned that once he is 18 I will have trouble getting his medical information and also want to apply for disability for him. What is the easiest less expensive advice so that either me or my husband will be able to make medical and financial decisions for him since he is unable to communicate at all. I can still get his medical records since he is 17, but this will change when he is 18. Someone told me to get a total POA. But I''m thinking he would have to sign and be mentally sound, and he is not. Please advise.
Thanks,
Kerri Morrison
1 ANSWER
Estate Planning Attorney serving Bloomfield Hills, MI
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Strobl & Sharp, P.C.
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Kerri-
You must petition the court to become your son's legal guardian to continue to receive his medical information absent a HIPAA waiver. A conservator would handle his finances (if any) from disability.
Answered on Sep 30th, 2011 at 2:00 PM