Showing posts with label fight for independence. Show all posts
Showing posts with label fight for independence. Show all posts

Tuesday, September 22, 2015

Why a man with intellectual disabilities has fewer rights than a convicted felon


Ryan King


Ryan King is 33. He has been working at a Safeway in Washington for 15 years. He pays his bills on time, budgets saving and spending money every month, uses exact change for his ride to and from work each day, makes a mean shrimp scampi, and has never been charged with a crime.

Yet, in the eyes of the courts, he has fewer rights than most convicted felons. Legally, Ryan cannot decide where to live, where to work, where to spend his free time, what medicine to take or with whom to talk.

Why? He has intellectual and developmental disabilities as well as sickle cell disease. And, as with many people like him, he is trapped in a legal guardianship that he’s longed to end for nearly a decade.

“I love being independent,” King explains. “Everyone needs a little help sometimes. I don’t know anyone who knows everything. But just because people need a little bit of help doesn’t mean they can’t be independent.”

What’s unique in King’s case is that his legal guardians — his parents — also want to terminate their court-ordered stewardship.

Not because they don’t want to continue living with him or because they don’t want to be responsible for him. And not because they don’t love him.

Susie and Herbert King, who are in their mid-60s, have a great relationship with Ryan. The three of them obsess about episodes of “Scandal,” they go on vacations together, and they split the cooking, shopping and cleaning in their immaculately decorated Northwest D.C. home.

But they also want to give him what all parents want for their children: independence, self-determination and control over his fate.

King has some cognitive limitations and some visual and spatial limitations. He needs a little help navigating a new place. But once he’s familiar, he’s got it, he and his parents said.

In 2007, after King had worked at the Georgia Avenue Safeway for seven years and had proved that he can make sound decisions and care for himself, his parents tried to have the guardianship removed.

Denied. The D.C. judge filled out an ordinary, mass-produced form. And that ended that bid for independence.

Now they are preparing to renew their efforts to end the guardianship. And they are hoping for a different outcome from the court.

“This is planning for the future,” King explains. “And some people don’t plan.”

If anything happened to his parents, King’s guardianship would revert to the courts, and he could be forced out of his house and into a group home, be forced to quit his job, be cut off from his friends and even have all his computer passwords to his favorite sites (such as eBay) blocked.

Sound ridiculous? It’s exactly what happened to Jenny Hatch, who was pitted against her mother and stepfather in a fight against guardianship that made national headlines a few years ago.

Jenny was living on her own in Newport News, Va., working, socializing, volunteering on political campaigns — having a robust life as a young woman with Down syndrome.

After she was struck by a car while riding her bike, a court yanked her independence, forced her to quit her job, ordered her into a group home and blocked all her computer passwords. If any of her friends wanted to see her, they had to fill out a permission slip.

She suddenly became a complete prisoner, all in the alleged name of safety.

“As far as the law was concerned, Jenny had ceased to exist. She was an ‘unperson’ who suffered a ‘civil death,’ ” said her attorney, Jonathan Martinis. “Her guardians, for all intents and purposes, became Jenny, making decisions for her, instead of her, whether she liked it or not.”

This is Ryan King’s nightmare.

After a groundbreaking legal battle, Martinis helped Jenny win back her freedom — and her life.

And he helped give power to the nationwide movement to replace these kinds of overbearing guardianships with something called supported decision-making — designed to make the person with cognitive challenges “the ultimate decision-maker” but still provide the support he or she needs to thrive, according to the National Guardianship Association. (Continue Reading)

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Why a man with intellectual disabilities has fewer rights than a convicted felon

Tuesday, April 29, 2014

Detroit elderly woman refuses to leave rat-infested home

 

Maddie McFolley (pictured), who has lived in her Detroit home since 1958 is refusing to move out even though rats have invaded her living space by the droves. The 88-year-old grandmother, who has even turned a deaf ear to family member's pleas for her to abandon her now ramshackled home is prayerful, her rat infestation worries will soon be just a bad memory, as soon as the row of adjacent homes are demolished this summer reports Fox 2 News.

McFolley's rat woes intensified this past winter when the rodents voraciously chewed through her cement walls, feasted in her kitchen and even gnawed right through the wires in her stove. According to her unidentified granddaughter, the unwelcomed critters are such a menace, they have literally taken over her grandmother's home from top to bottom.

Family members have tried to help McFolley by visiting her home and getting rid of the dead rats that have created an unbearable and indescribable stench. McFolley herself has tried to strategically place poisonous traps throughout the home in an effort to minimize the problem but to no avail, as the vile visitors just seem to keep multiplying. However despite the infestation, McFolley is staying put, expressing to Fox News 2 how much she values her independence, "I don't have no choice, I love to be in my own place, my own home."

Full Article & Source:
Detroit elderly woman refuses to leave rat-infested home

Monday, April 28, 2014

Elderly Mineral Wells woman fights state for independence


Dallas News | myFOXdfw.com

The State of Texas is trying to get custody of an elderly woman, even though she says she wants to stay in her home.

The same thing happened to her sister three years ago, and people familiar with the way these cases work say the system is being abused.

Suzanne Foley, 85, wants her independence and says she has a right to stay in her own home with the help of a caregiver. However, Adult Protective Services wants her in a nursing home.

Foley suffers from Alzheimer's and dementia, according to her caregiver, Kathy Gilbreath.

But Gilbreath says Foley can still get around her house.

"She dresses herself every day," said Gilbreath. "She's a very independent woman."

Foley is from Switzerland, but her house in Mineral Wells has been her home for the past 20 years.

However, on Tuesday, a county judge in the town of Palo Pinto held a hearing, where the State of Texas asked to take over Foley's affairs and her sizeable bank account.

The judge closed the court to the public and now has issued a gag order, prohibiting the participants from discussing what happened.

The process is familiar to Virginia Pritchett, who was good friends with Denise Tighe, Foley's sister.

"This guardianship law is a big money grab," said Pritchett.

Full Article & Source:
Elderly Mineral Wells woman fights state for independence