Elder Mediation and Family Dispute Resolution

Comprehensive Care Plans and Geriatric Assessments

Conservatorship Care Plans and Comprehensive Assessments

Level of Care and Placement Determinations

Accounting and Inventory Preparation

James R. Locke, M.S.

One of the hardest things we face is the aging of a parent or the disability of a loved one. It may become necessary for the family to make serious, life changing decisions without the knowledge and background to do so. This is hard for all involved and leads to many family disagreements.

Know Your Choices
What are the alternatives to conservatorship?
Are there other options, resources, or government benefits that are available to you?
Can your family agree on the best course or plan for your loved one?
The cost to families of not having knowledge and a plan can be staggering.

Conservatorship Care Plans
Conservatorship Care Plans (CCP) helps you understand and make the choices must beneficial to your situation.

We can help you with:
Resolving elder mediation and family disputes;
Determining level of care and placement,
Preparing detailed conservatorship plan as recommended in the Handbook for Conservators,
Comprehensive assessments of placement, health status, care level and financial need,
Monitoring cases;
Preparing accounting and inventory.

Elder Mediation and Family Dispute Resolution
The use of mediation can help older individuals and concerned family and friends find alternatives other than conservatorship to resolve the issues that originally led to filing of the conservatorship petition. Mediation can also help the family develop a plan that will make the conservatorship or an alternative a workable solution for all involved.

As of July 1, 2007, court investigators are required to interview all first and second-degree relatives as well as friends and neighbors of the conservatee. The results of these interviews will be included in the investigator's report and recommendation to the court. If you anticipate this causing any questions or disagreements between family members mediation may be indicated before filing a petition.

Comprehensive Care Plans and Geriatric Assessments
Elder mediation is a voluntary, informal process in which the parties, usually family members, meet in private, confidential setting to find a mutually acceptable solution with the help of a mediator. Frequently the first step in a successful elder mediation will be completion of a comprehensive geriatric assessment. Typical disagreements revolve around moving the conservatee to an assisted living facility versus keeping them in their home and making difficult medical decisions. It is not my role to judge or force you to reach an agreement. Nor does CCP make recommendation to the court. Rather, CCP helps the family, including the elder to the extent of the capacity, communicate their concerns, identify issues to be resolved, and develop and agree upon a workable solution or plan. If no agreement is reached, the court process is still available, although the content of the mediation session is not admissible as evidence. Mediation can help ensure that the elder's needs are met without unnecessarily taking away their fundamental rights and autonomy. If appropriate, CCP can meet with the family at the elder's home, hospital, or nursing facility. It is important that your parent be involved and heard as much as possible in decisions that will affect their life.

Please call CCP to discuss your situation.

Conservatorship Care Plans and Comprehensive Assessments
The Handbook for Conservators that you should have received when you petitioned to become a conservator states:

"Each conservator…Should make a plan for his or her conservatorship that assesses the needs, personal or financial, or both, of the conservatee and shows how these needs will be met on an ongoing basis."

The first step is to conduct the assessment that involves the family, caregivers and the conservatee, to the extent of their abilities. The evaluation of the conservatee's physical, mental, social, financial, and home safety status identifies issues that need to be addressed and provides the framework for planning.

An individualized care plan that supports the strengths and addresses the needs of the conservatee is complied with input from all the parties. The care plan includes recommendations for services and resources for housing adaptations, housing alternatives, home health services, in-home care giving, social connections, and legal and financial planning.

CCP can help you prepare this plan if you choose to complete one. When the situation changes the plan can be updated.

CCP also can monitor the care plan and the conservatee if desired. This service is especially valuable if they are ongoing family disputes or if the conservator is out of the area.

Level of Care and Placement Determinations
The Omnibus Conservatorship and Guardianship Reform Act of 2006 placed significant new responsibilities on conservators. In addition to full disclosure to all first and second degree relatives and supplemental documentation for accountings, since January 2007, sixty days after appointment, the conservatee's level of care existing when the petition was filed and the measures that would be necessary to keep the conservatee in his or her personal residence. If the conservatee is not living in his or her personal residence the determination must include either a plan to return the conservatee to his or her personal residence or an explanation of the limitations or restrictions on a return of the conservatee to his or her personal residence in the foreseeable future. (Probate Code section 2352.5) If you do not file this determination you will be required to before your accounting is approved.

For you to complete this required determination an objective assessment may be desirable. This assessment will including the conservatee's current level of care, plans to modify the level of care, current health status and medications, current living arrangements, ability to return to the personal residence, financial needs including estimated monthly income and expenses, ability to qualify for government entitlement benefits, assets to be sold, valuable assets and the conservator's plan to protect those assets, and special problems identified in the court investigator's report and how the conservator has or will address those problems.

CCP can assist you in preparing this determination. If there is disagreement among family members regarding the level of care and placement of the conservatee CCP can meet with you and them and attempt to resolve the differences without the expense of court proceedings.

Accounting and Inventory Preparation
The requirements for accountings and inventories are becoming more rigorous.

Ninety days after appointment, the conservator of the estate is required to file the inventory and appraisal. The inventory is a list of all financial assets and will be the starting point for future accountings. The conservator prepares the inventory. The Probate Referee appraises tangible and real property. The inventory is helpful when preparing a budget and anticipating future financial needs. In conjunction with your attorney CCP can assist you in the preparation of your inventory and budget.

At the end of the first year, every two years after that, and after the conservatorship terminates, the conservator of the estate is required to report on their activities. The report must include a detailed accounting of all transactions, receipts and expenditures. This accounting must follow strict format required for probate accountings.

The inventory and accounting must be mailed to the conservatee and to all first-degree relatives. Information on how family members can object to these documents must also be sent. Starting on January 1, 2008 the court investigator is required to review the accounting with the conservatee. There are new Judicial Council forms that are required to be used.

This can be a complicated and time-consuming process. And the court will be monitoring your actions more closely than ever before. CCP can help you with this.