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YOU DECIDE Planning ahead better ensures best wishes The single most important step one can take to get his affairs in order is to make end-of-life wishes known through an advanced health care directive and a durable power of attorney. Otherwise, if the court finds a person unable to care for herself, a stranger may be granted the power to decide. And as recently noted in a groundbreaking story by the Los Angeles Times, this individual, known as a conservator, may not always act in your loved one’s best interest. The failings of a system meant to safeguard the elderly and infirm were recently highlighted by the Times’ four-part series, “Guardians for Profit.” Among the findings cited after reviewing more than 2,400 cases handled by professional conservators in California between 1997 and 2003: • More than 500 seniors were entrusted to for-profit conservators without their consent at hearings that lasted minutes. • One professional conservator abruptly moved a 95-year-old woman to a care home and for a month refused to tell her daughter where she was. • Another took an 88-year-old’s savings to pay his taxes and invest in a friend’s restaurant. • One woman’s conservator secretly sold her house at a discount to herself, then the conservator’s daughter later resold it for triple the price. • Another elderly woman is not allowed to answer the telephone; her mail is screened; and she spends most of her time in her living room watching TV. While these scenarios are rare – “Most people are never going to be under a conservatorship,” says Donna Bashaw, a Laguna Hills-based, certified elder law attorney – individuals still need to be prepared. The best way to safeguard yourself from such an incidence and to ensure your wishes are carried out is to plan ahead. According to Bashaw, who also serves as president-elect of the National Academy of Elder Law Attorneys, there are three main scenarios when a conservatorship may be needed. The first is when a person does not have legal documents in place, such as a power of attorney, and then becomes incapacitated. The second occurs if a senior, because of capacity issues, will no longer cooperate with their designated agent(s) and starts revoking documents; or if the designated agent is unable to fulfill his or her duties. And thirdly, a conservatorship may be needed if a third party causes trouble. For example, if someone financially abuses the elderly adult, there may be a need to go into court to protect the person. Those who are appointed a professional conservator typically do not have any surviving family members, don’t get along with their family or their family is incapable of taking on the responsibility, says Bruce Peotter, assistant public administrator/public guardian for the county of Orange. “We’re the agency of last resort,” he says. “So when we become involved, in essence, it always means that there’s no one else to do it.” Arranging important legal documents significantly reduces the likelihood of one having a professional conservator appointed. The Orange Caregiver Resource Center recommends at least four key documents that the elder may wish to discuss with an attorney. • A Last Will and Testament outlines how they want their personal property and assets to be disbursed upon their death. • A Durable Power of Attorney designates another person to act on their behalf in reference to their legal or financial decisions. • A Living Will clarifies issues related to the use of life support systems. • A Medical Power of Attorney assigns an individual to make health-care decisions in the event that the elder is unable to make decisions for themselves. “You can identify which members of your family or friends or whatever person you want to act as your agent where they can step in and act in the same capacity as a conservator,” says Peotter. “By creating the documents and talking to your friends and family, you have at least given yourself the best opportunity to be taken care of in the way that you want to be taken care of,” he says. “And it takes a lot of pressure and stress off of the family and friends because now they can fulfill your wishes instead of trying to guess.”. |
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