More on Guardians and Conservators

Yesterday, I talked about how courts/judges make decisions regarding who might be awarded conservatorship/guardianship. Today, I want to look at the process and what it takes become a conservator or guardian.

Remember the terms conservatorship and guardianship are used interchangeably in some jurisdictions, and in others they have slightly differing meanings and functions. I use the terms interchangebly.

You realize that aunt Ruth cannot take care of herself or her affairs. What now? Here are the steps you should take:

1. Call a meeting of close family and friends; specifically, those that might be willing and able to care for Aunt Ruth
2. Determine what Aunt Ruth’s needs are.
• Does she have other medical conditions in addition to Alzheimer’s disease? What are her living arrangements? What is the status of her estate? Does she own a home? Does she have other properties? Does she have assets? Is the plan for her to stay at home or move into a long-term care facility?
• Determine who is best able (and willing) to expend the time and energy to care for Aunt Ruth. Because the courts are involved, the conservator is responsible to periodically report to the court and keep fairly detailed records regarding expenses incurred and care provided.

3. Be aware of the scope of responsibility of the conservator/guardian

Below is a statement by the Department of Human Services regarding the duties of a guardian/conservator

What are the duties of a guardian/conservator?

A guardian/conservator must maintain contact with the protected person to become familiar with the protected person’s needs and limitations, and only exercise their decision- making authority to the extent required by those limitations. The guardian/conservator must respect the fact that their relationship with the protected person is a confidential one, and should encourage the person’s participation in decision-making to the extent possible. Obviously, the guardian/conservator must always act in the best interest of the protected person, and never become involved in a situation that might give the appearance of a conflict of interest. Finally, the court does require that the guardian/conservator provide some information to the court, including information pertaining to the protected person’s finances and personal inventory, and an annual personal status report.

The other very real issue to consider is that, because conservatorships require court intervention, they can be costly and quite time consuming.

Finally, families should consider conservatorships as a last resort. Durable Power of Attorney is an easier, less expensive, less time consuming and more “friendly” process. It also enables the person in question to have some say in who will handle their financial and medical affairs.

Are you a conservator or guardian? Share your experience.

               

Guardianship and Conservatorship Who Has First Rights?

It’s obvious to you, other family members and even friends that something is awry with your loved one. It’s serious enough that you and others have begun to think about taking over the financial and medical affairs of the one who is showing serious signs of dementia and is clearly unable to independently handle day to day responsibilities.

To make matters worse, your loved one does not have a living will. Nor does anyone in the family have Durable Power of Attorney, which gives the legal right to handle financial and medical issues on your loved one’s behalf.
This is where the legal terms Guardianship and Conservatorship come in. Let me give you definitions before we go any further.

Guardianship– A Court-ordered relationship between a person (called a Guardian) who has been appointed to care for the financial (Guardian of the Estate) and/or personal (Guardian of the Person) matters of another (called a Ward). (www.legalhelpmate.com)

www.Elderangels.com provides insight on conservatorships:

Conservatorship—There are two types of conservators. Conservator of the Person and Conservator of the estate.

Conservatorship of the Person:
The conservator arranges for the client’s care and protection, determines where he or she will live and makes appropriate arrangements for health care, housekeeping, transportation, and personal needs.

Conservatorship of the Estate:
The conservator manages the client’s finances, locates and takes control of the assets, collects income due, pays bills, invests the client’s money, and protects the assets.
Conservatorships are also court-ordered relationships. In many circles the terms are used interchangeably.

Here’s a question from a reader:

“I would like to know who would be considered first to be given Guardianship or Conservatorship of a person with Alzhiemer’s? Would it be a family member or a girl/boyfriend?”

Great question. The simple answer is that it varies by state. Most states have laws that actually provide a pecking order, if you will, as to who gets first shot at becoming legally responsible.

According to www.seniorhousingnet.com here’s how Judges select conservators.

When a conservatorship petition is filed in court, a judge must decide whom to appoint. Often, just one person is interested in taking on the role of conservator — but sometimes several family members or friends vie for the task. If no one is suitable is available to serve as conservator, the judge may appoint a public or other professional conservator.

“When appointing a conservator, a judge follows certain preferences established by state law: Most states give preference to the conservatee’s spouse, adult children, adult siblings or other blood relatives. But a judge has some flexibility; he may use his discretion to pick the person he thinks is best for the job. Without strong evidence of what the conservatee would have wanted, however, it is unlikely that a nonrelative would be appointed over a relative. Because of this, conservatorship proceedings may cause great heartache if an estranged relative is chosen as conservator over the conservatee’s partner or close friend.”

As you can imagine, it can get pretty ugly. That is why I continually and not so gently URGE you to act BEFORE it gets to this point. Have the difficult conversation and get the living will or Power of Attorney in place before you have to take drastic measures like filing for conservatorship or guardianship

               

Fight (with) the Power-Power of Attorney

For the next couple of days, we’ll take a look at some of the legal issues facing caregivers and Alzheimer’s patients.

It is an incontestable fact that Alzheimer’s will ultimately render the one who has it, unable to handle day to day, legal and health care decisions.  It’s not something that caregivers or Alzheimer’s patients look forward to discussing, but it is absolutely necessary.

A few weeks ago, I did a series of posts about the stages of Alzheimer’s disease and how caregivers should respond to those stages.  As the disease progresses it will become apparent that your loved one needs more and more help; it is imperative that you (or someone close to the situation) get Power of Attorney (POA), so that the family is able to make life, legal and health care decisions for your loved one.

According to the Attorney General of the State of New York, “A Power of Attorney is a legal instrument that is used to delegate legal authority to another. The person who signs (executes) a Power of Attorney is called the Principal. The power of Attorney gives legal authority to another person (called an Agent or Attorney-in-Fact) to make property, financial and other legal decisions for the Principal.”

There are several types of power of attorney, in most cases, the caregiver wants to get durable power of attorney as it enables the caregiver (agent) to act on the loved one’s (principal’s) behalf after the principal is unable to do so because of health or other reason.  You can get the forms from an attorney or from the internet.  It’s not complicated and well worth your minimal time and financial investment.

I can’t stress how important this is.  I have had to show proof of my authority to act on my mom’s behalf for something as simple as handling an electric bill and as complex as admitting her into a long term care facility.

In order for you as a caregiver to act in the best interest of your loved one, you have to have the authority to do so.  The Power of Attorney provides you with that authority. 

Just a word of caution, the Durable Power of Attorney gives so much power and authority that, in the wrong hands it can be terribly misused.  The story of Frank Punito makes the point well.  So, be sure that the person who has Power of Attorney has your loved one’s best interest at heart.

Please, don’t be scared off by the negative possibilities.  It’s the right thing to do, so get power of attorney, NOW, while your loved one can sign and agree that he or she wants you to handle the affairs.

               

I Have Alzheimer’s Disease! What Now?!

You are probably feeling a flood of varied emotions, that’s to be expected.  As you sort out your feelings and get your bearings, here are a few suggestions as to what to do and how to LIVE with Alzheimer’s Disease.

(1) Learn as much as you can about Alzheimer’s.  Facts diminish fear. The more you learn, the more you will understand the disease and what is to come.

(2)  Play brain games.  Keep your mind sharp. Word puzzles, crossword puzzles, math games, scrabble and jigsaw puzzles are just a few activities to keep your mind working.

(3)  Exercise.  Walk, swim, get in a class. Do whatever you can to get and stay physically active.

(4)  Set up a memory system (use post its, alarms, reminder calls).  You might need a little help with this one, but it will ultimately help you to keep your independence longer.

(5)  Consider the future (different living arrangements, power of attorney). It’s tough, but think about where you want to live when it isn’t best for you to live alone.  There are lots of options, so think about it now before it becomes an emergency and someone has to make the decision for you.

(6)  Share the diagnosis with family and friends.  Your first inclination might be to keep it a secret, but don’t. Talk with your family members and close friends so that they can support you.

(7)  Get an ID card and bracelet.  It can’t hurt and it may help.  Just in case you get separated from familiar people or in case you have a medical emergency, the card/bracelet will enable emergency personnel to help you more effectively.

(8)  Relax/meditate.  Of course, you are stressed and concerned, but take the time to relax.  Listen to your favorite music. Read your favorite book, watch some movies, enjoy your family.  Studies show that people who pray and meditate do better than those who don’t.

(9)  Have fun! A wise man once said, “Laughter is the best medicine…”  Take time to enjoy your family and friends.  Watch a funny video or DVD.  Remember, you still have life to LIVE.

(10)  Consider conventional and alternative treatment options.  There are so many more treatment options available today.  Be sure to consider them all with the help of someone you trust.

(11)  Print this list and share it with those who will be supporting you

Take a deep breath and don’t try to do everything at once. If you have additional health concerns, speak to your health care professional.

Are you willing to talk about it? Do you have Alzheimer’s Disease?  It’s so important to put a personality on these issues.  I’d like to know what its been like for you. How have others helped? How have they gotten in the way?