Date post: | 25-Jun-2015 |
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UNDERSTANDING HOARDING DISORDERSPRING 2014
1. What is Hoarding
2. The Probate Process
3. Powers of Attorney
4. The Guardianship and Conservatorship Process
OVERVIEW
What is Hoarding?
• A persistent difficulty discarding or parting with personal possessions, even those of apparent useless or limited value, due to strong urges to save items, distress and/or indecision associated with discarding.
• The symptoms cause clinically significant distress or impairment in social, occupational, or other important areas of functioning (including keeping a safe area for self and/or others.
Definition of Hoarding Disorder…
• Not discarding day-to-day items (passive)• Bought Items and collectibles (active)• Animals• Supplies• Clothing• Food• Papers, newspapers, magazines, books, bills• Storage units• And many more…
TYPES OF HOARDING
CONSEQUENCES OF HOARDING
Isolation (by self or by others who don’t want to visit)
Debt or financial dysfunction (unpaid/late taxes, bills, storage unit fees)
Unable to use home or rooms for intended purposes Safety and health issues; blocked exits, fire, water
damage, mold, spoiled food, insects Negative effects on family members Mental health declines, suicide ideation and actions Legal issues (eviction, tickets, CPS, lawsuits)
Differences between Chronic Disorganization and Hoarding
Chronic Disorganization HoardingUnable to decide Unwilling to decideWorried about potential need for item
Over-valuing of item for function, sentimentality or resale, etc.
Unintentional “churning” (unproductive shuffling of items)
Deceptive churning “organizing” to disguise lack of discarding
Embarrassed/ashamed; overwhelmed with backlog; willing to learn and change despite discomfort
Defensive/paranoid, sometimes with façade of embarrassed and appreciation of help; passive aggressive sabotage of clean up
Poor spatial relations an/or sense of time; unrealistic optimism
Significant distortions re: value of, and something actual, physical condition of hoarded item
PREVALENCE OF HOARDING DISORDER
• First documented story about compulsive hoarding in 1940’s
• 3 million – 1% (A&E “Hoarders” TV stat)
• 6million – 2-5% (Time Magazine stat, 2010)
• 75 hoarding task forces in U.S. (Time, 2010)
• Personal consumption expenses and storage unit rental have increased 20% since 1980 (U.S. Chamber of Commerce)
BOOKS ABOUT HOARDING
• Compulsive Hoarding and the Meaning of Stuff by Randy O. Frost and Gail Steketee
• Cluttered Lives, Empty Souls: Compulsive Stealing, Spending and Hoarding.by Terrance Shulman
• Buried Treasure. by Tolin, Frost and Steketee• Overcoming Compulsive Hoarding by Berbick,
Perkins, et al • Digging Out: Helping Your Loved One
Unclutter. By Thompkins and Harti• The Hoarder in You: How to Live a Happier,
Healthier, Uncluttered Life. by Robin Zaslo• It’s All Too Much. By Peter Walsh
The Probate Process
THE PROBATE PROCESS
Admission and administration of an estate under a will
Determining and preserving assets Notice to creditors and payment of
claims Inventory Fees Timeframe
Powers of Attorney
POWERS OF ATTORNEY
Durable Power of Attorney Patient Advocate Designation HIPAA Release Power of Attorney over Children
• Allows a person to name another to act on the person’s behalf• Does not require Probate Court
action• Who to name as Attorney in Fact• Effective dates and Durability
DURABLE POWER OF ATTORNEY
• Banking• Social Security / Pension• Taxes• Litigation• Care Issues• Extraordinary Powers–Gifting–Prepare or Amend an Estate
Plan
KINDS OF POWERS GRANTED WITH A DURABLE POWER OF ATTORNEY
THE PATIENT ADVOCATE
• Patient names a Patient Advocate to make decisions about care, custody and treatment
• End of Life Decision-Making–Whether to withhold treatment–Whether to withhold food and water
• Patient Advocate must adhere to Patient’s expressly stated wishes
• Does NOT require Probate Court action
MENTAL HEALTH DECISIONS
• What does it cover?
• Waiver of the right to revoke as to mental health treatment decisions
Guardianship and Conservatorship
• Court appointment of Guardian or Conservator through the probate court
• Guardian or Conservator must be willing and qualified to serve
• Cannot block non-custodial parent from custody by naming a third party guardian/conservator
• Children 14 and older have a say• Guardians and Conservators are not personally
responsible to provide for the child with their own money
GUARDIANSHIP AND CONSERVATORSHIP PROCESS
• GuardianshipoCourt appointedoMedical careoFood, clothing, shelter needs
• ConservatorshipoCourt appointedoFinancial issues
NO WRITTEN PLAN IN PLACE…
Presented by:
HOWARD H. COLLENS
GALLOWAY AND COLLENS, PLLC
26075 WOODWARD AVENUE
SUITE 200
HUNTINGTON WOODS, MICHIGAN 48070
(248) 545-2500
GALLOWAYCOLLENS.COM
[email protected]: @howardcollens