To whom it may concern..............
The determination of incapacity is based on clear and convincing evidence that a person is likely to suffer harm because the person is unable to provide for personal needs and/or financial management and the person cannot adequately understand and appreciate the nature and consequences of such inability. If you believe that your loved one cannot care for themselves and can't recognize their own limitations in that regard, then you can seek to become guardian of their person and/or property...
You need to see a guardianship attorney.
Lieutenant Governor’s Office on Aging
How to Recognize Abuse, Neglect, and Exploitation
“Neglect” can be harder to spot. Generally, it means any situation where a responsible caregiver has failed to provide the medical care, goods, or services that were necessary to ensure the neglected person’s health or safety. Sometimes neglect is deliberate, but sometimes it happens because caregivers don’t know how to provide the care people need, don’t know what care is appropriate, or are simply overwhelmed.
Some “red flags” that may help you recognize someone may be a victim of neglect are untreated sores or rashes, inadequate or inappropriate clothing for the weather, an unkempt appearance, soiled or stained clothes, an absence of such necessaries as food, water, heat, or shelter, the presence of rotting or decayed food, or (in extreme cases) individuals left lying in urine or feces.
Similarly, if you are speaking with a caregiver and that person seems disinterested in the individual’s care, makes statements that understate or trivialize the individual’s injuries, will not allow you to talk to the individual alone or answers questions before the individual can answer for themselves, is clean and well dressed while the individual is obviously un-cared for, or talks extensively about the pressure they are under and what a burden the individual is, that caregiver may be neglecting to appropriately care for their charge.
If the alleged incident took place in a foster home or a private residence, you should report the matter to the South Carolina Department of Social Services. You can either report it to your local county DSS office or to the central State hotline at (803) 898-7318. Contact information for local county DSS offices can be found at https://dss.sc.gov/content/about/counties/index.aspx.
Finally, you can always report abuse, neglect, or exploitation by calling your local law enforcement agency (911). After you have reported the incident to the appropriate authority, you may want to also call South Carolina Protection & Advocacy for People with Disabilities, a private non-profit that provides legal and other assistance to individuals with disabilities. They can be reached via a toll-free hotline at 1-866-275-7273, or on the web at http://www.pandasc.org/.
This site will answer questions...
What is a guardianship proceeding?
In South Carolina, a guardianship proceeding is the process in Probate Court (http://www.sccourts.org/probateCourt/) that appoints a guardian to make decisions for an incapacitated person, such as medical decisions, decisions about where to live, and other decisions for the person. The person who has been appointed by the Probate Court to make decisions for an incapacitated person is called a guardian. An adult who has been found incapacitated by the Probate Court is known as a ward. Once appointed by the Probate Court, the guardian is authorized to make certain important decisions for the ward. In South Carolina, a guardianship involves personal decisions and not decisions about money, real estate, or valuable property. The Probate Court may appoint a conservator to protect money and property. These FAQs do not cover conservatorships.
What is the difference between incapacity and poor judgment?
An incapacitated person is unable to make responsible decisions about his or her well-being. A person with poor judgment has the ability to make responsible decisions, but chooses not to do so. Sometimes it may be difficult to understand the reasons for the poor decisions, which is why the Probate Court relies on the opinions of medical examiners.
What is a ward?
A ward is a person to be protected by a guardian. A guardian is only appointed when a Probate Judge determines a person is an incapacitated adult who does not have the mental or physical capacity to effectively manage or make necessary daily living and health care decisions.
What is a guardian?
In South Carolina, a guardian is a person, institution, or agency appointed by the Probate Court to handle personal matters for a ward. The primary responsibilities of a guardian are to decide where the ward will live and make provisions for the ward's care, comfort, and maintenance, including medical and health care decisions. Among other responsibilities, a court-appointed guardian must file a written report with the Probate Court at least once a year.
For a concise flyer that summarizes the relevant law on abuse, neglect, and exploitation, visit http://aging.sc.gov/SiteCollectionDocuments/S/SpotAbuseBrochure.pdf.
No comments:
Post a Comment