Conservatorships - Part 2

Why would you consider a conservatorship?

The reason to consider a conservatorship is because your family members or loved ones may no longer be competent to manage their finances, or may not be able to make decisions about their personal affairs, or may be at risk for becoming victims of financial abuse or fraud.

I know a fair amount about obtaining a probate conservatorship in California because I spent one year in the process with my parents.  Had I known the costs involved – and it was not just financial but “blood, sweat and tears” – I may not have done it.

However, given the circumstances, there may have been no other alternative.  Without it, my family may have faced financial devastation.  It’s unfortunate we instead have the financial burden of a legal system that, in California at least, has tilted toward making it nearly impossible to attain a probate conservatorship.

Even when it might appear obvious that a conservatorship is necessary, as it was in my family, the obstacles are tremendous.  This is especially true if your family members or loved ones fight it.  Or if another family member opposes you or files a competing claim.

As a disclaimer, I must let you know I am not telling you that you must pursue a probate conservatorship if your parents or a loved one suffer from dementia.  I am not a lawyer or licensed eldercare professional.  Only, if your circumstances warrant it, I am letting you know what you need to be aware of when considering a probate conservatorship.

I reiterate: I AM NOT ADVISING ANYONE TO PURSUE A PROBATE OR MENTAL HEALTH CONSERVATORSHIP.  I AM NOT A LAWYER.  YOU SHOULD SEEK LEGAL COUNSEL BEFORE PROCEEDING WITH ANY ACTION.

STAY TUNED FOR THE NEXT INSTALLMENT.

 

Conservatorships - Part 1

What is a conservatorship and should I apply for one?

 

What is the difference between a probate conservatorship and a mental health conservatorship?

 

These are a key questions and I will tell you about my experience pursuing a probate conservatorship for my parents.  I cannot tell you whether you should get a conservatorship for your parent or loved one or not.  But my experience should shed some light on the process and you can decide for yourself what to do.

 

DISCLAIMER:  I AM NOT ADVISING ANYONE TO PURSUE A PROBATE OR MENTAL HEALTH CONSERVATORSHIP.  I AM NOT A LAWYER.  YOU SHOULD SEEK LEGAL COUNSEL BEFORE PROCEEDING WITH ANY ACTION.

 

I am providing you with information about what I went through in the long process it took obtain a probate conservatorship for both of my parents.  There is potential for this to become an expensive process.  In the case of my parents I feel I had two choices: either walk away or file for probate conservatorship.

 

STAY TUNED FOR FURTHER INFORMATION.

 

The Importance of a Photo ID

This might seem as if it’s a minor issue, but the lack of a valid photo ID for your elderly parents or loved ones can be a major hindrance when you are trying to help manage their financial affairs and lives.

I’ll give you an example of what I went through recently.

As my parents’ conservator, I applied for a reverse mortgage on their house.  They were getting short of funds, and being in their 90s, it seemed to be a good time to pursue a reverse mortgage.  They needed the money to hire caregivers in the home so they would not have to move to a residential facility, definitely not something they wanted to do.

After signing hundreds of papers (which I have legal authority to do as their conservator), the broker asked for a photo ID.  Apparently it is part of the Patriot Act – you have to prove who you are and your age.  Since the reverse mortgage is based on the owner’s age, it is required to process the reverse mortgage.  It was easy for my mother because she is trusting of my sister and me, so she gave me an old driver’s license and her passport.  But my father is another story.  He is suspiscious and fears government agents are stealing his identity.  This made is nearly impossible to get a copy of his ID.  No amount of explanation, exhortations, pleading, begging resulted in his proffering the ID.

I kept thinking about all the times that I had an opportunity to get copy of his driver’s license, but because I did not know at the time how important it was I did not grab it and copy it for safekeeping.

It was only through a miracle (which I will describe in another posting) that I was able to get a photo ID that showed his birthday.  The RM is in process as I post.

So your tip of the day is:

Always keep a photocopy of a valid photo ID for your elder parent or loved one in your files.

Hello from the Openfacesandwich Generation

I created this blog to share information about caring for elderly parents. I've called it openfacesandwich generation because the sandwich generation are supposed to be caught between children and elderly parents, however, there are some of us that have elderly parents but don't have children. Hence the "open face sandwich!"

When I mention that I am an open face sandwich, I get funny replies. You're a tostada. A tuna melt.

Feel free to add your version of what a sandwich generation person without children should be called.