Hello to all; I have a question that I have been looking for the answer to for a week now. I have a soon to be 18 year old severely disabled daughter. Wheelchair bound, cp, brain abnormality, epilepsy, and is blind. My question is: What are the stipulations "OF SOUND MIND" for the durable power of attorney. I can ask my daughter simple questions, and she can answer with a simple yes and no. I very much hesitate with the conservatorship because we know she will always live with us (her parents). I have always been an active advocate for her and wish to continue to be. I just don't like not only the cost of conservatorship, but that it is public record. Has anyone been in the same situation as us, and have some advice? And if she cannot write, how does she fill out the durable power of attorney?
Dear momma24 ,
In your state is there a regional center or a department of disability services which is responsible for helping you with your daughter's needs? If so, her case manager there would be able to give you some guidance on this. You are absolutely not alone, as there are many parents in your situation. In some situations you may prefer to go the legal route and seek conservatorship/guardianship despite the public nature of it, because it will give you greater authority and allow you to designate a successor guardian in case of your own incapacitation or death. I am so glad you are thinking about how to maintain your ability to advocate for your daughter.
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