In recent weeks I have been helping a family with a Conservatorship, and once you are in court, life gets crazy. There is no way my client could have avoided court, as her mother ended up on a mental health hold (5150) and could not take care of herself. The number of court hearings required because her mother is convinced she is FINE is mind boggling.
A person with dementia has rights, and one of them is to refuse to go to memory care. A special court order is required to place someone in memory care against their will. Dementia is a cruel disease, taking away many abilities (like the ability to make good choices) while leaving others (social graces and the ability to appear like nothing is wrong).
Not all Conservatorships can be avoided. I am passionate about keeping as many people out of court as possible. Court costs a bundle, and once you are in the system, you are subject to all the flaws of the court. The flaws in our Conservatorship are abundant. New laws solving some issues have created new problems.
This is why I have dementia focused practice and provide enhanced services for clients facing dementia to have family meetings before my client gets too far into the dementia abyss. This way, the family knows who has been selected to act for the loved one with dementia and why and hopefully, even if they disagree with the decisions, they know what their loved one wanted and will honor their choices. It is amazing how having these conversations makes a difference.
If you or a family member is facing dementia, give me a call at 714-459-1999, and we can start the process of setting up a “Navigating Dementia Plan” for you.
