Identifying Cognitive Decline and Protecting our Loved Ones
One of the more difficult areas we face as senior providers is viewing what appears to be signs or behavior in our senior Clients that may indicate cognitive decline. Those signs can manifest themselves in different forms including forgetfulness, questionable decision making, confusion, changes in physical appearance and the list goes on.
The Client may exhibit an inability to make decisions in their best interest or even worse, may be experiencing physical abuse or financial exploitation at the hands of others. Often times those with cognitive impairment refuse to acknowledge or understand it is actually happening to them.
Adult children and similarly aged siblings may not be aware of this due to their own busy schedules or living long distances from their loved one. What results is delays in evaluation of the severity of the condition, obtaining professional care if required, and protecting against those who might abuse or take advantage. We as senior care advocates are often the first to see these signs. To a certain extent, we may feel helpless to intercede or risk alienation with our Client if we address the issue.
Is a Conservatorship the answer for your Client? In many instances yes because the Senior may have one or more of the following circumstances apply to them:
No living relative or relatives that are distant in lineage or have little or no relationship with the person
Relatives that are separated from the person by geographical distance
Lack of trustworthy friends who might be considered for the conservatorship
Relatives or friends who are kind and well-meaning but have exhibited poor decision making in the conduct of their own life (why would you choose a person like this?)
The conservator or guardian is an appointed person, typically a competent & trustworthy relative or professional fiduciary, who is given powers to make decisions for the Client as regards the person (their care) or the estate (their finances), or both. These powers are extensive, protect the Client from being taken advantage of by others and allows the conservator to make decisions and enter into contracts on behalf of and in the best interest of the Client. Licensed professional fiduciaries in California must have passed national and state testing to become a fiduciary, meet extensive requirements, background check, continuing education and ongoing reporting to the Professional Fiduciaries Bureau to act as Conservators.
Appointments of Conservatorship are made by the probate court. You may be surprised to know that anyone can petition the Court for the conservatorship of another. In that instance, the Probate Judge appoints an attorney to represent the Client so that any attempt, even by the most well-meaning and concerned party, is met with proper scrutiny. The judge considers all the factors and decides if a conservatorship will be established.
Finally, if you ever see signs of abuse to a senior, please contact Adult Protective Services at 1-833-401-0832.
https://www.cdss.ca.gov/inforesources/adult-protective-services