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Understanding Hoarding Disorder Presentation - Spring 2014

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Learn the different aspects of the hoarding disorder. Understand the probate process including admission and administration of an estate under a will. Learn about the different types of Power of Attorney and which one is right for you and your family.
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UNDERSTANDING HOARDING DISORDER SPRING 2014
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Page 1: Understanding Hoarding Disorder Presentation - Spring 2014

UNDERSTANDING HOARDING DISORDERSPRING 2014

Page 2: Understanding Hoarding Disorder Presentation - Spring 2014

1. What is Hoarding

2. The Probate Process

3. Powers of Attorney

4. The Guardianship and Conservatorship Process

OVERVIEW

Page 3: Understanding Hoarding Disorder Presentation - Spring 2014

What is Hoarding?

Page 4: Understanding Hoarding Disorder Presentation - Spring 2014

• 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…

Page 5: Understanding Hoarding Disorder Presentation - Spring 2014

• 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

Page 6: Understanding Hoarding Disorder Presentation - Spring 2014

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)

Page 7: Understanding Hoarding Disorder Presentation - Spring 2014

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

Page 8: Understanding Hoarding Disorder Presentation - Spring 2014

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)

Page 9: Understanding Hoarding Disorder Presentation - Spring 2014

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

Page 10: Understanding Hoarding Disorder Presentation - Spring 2014

The Probate Process

Page 11: Understanding Hoarding Disorder Presentation - Spring 2014

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

Page 12: Understanding Hoarding Disorder Presentation - Spring 2014

Powers of Attorney

Page 13: Understanding Hoarding Disorder Presentation - Spring 2014

POWERS OF ATTORNEY

Durable Power of Attorney Patient Advocate Designation HIPAA Release Power of Attorney over Children

Page 14: Understanding Hoarding Disorder Presentation - Spring 2014

• 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

Page 15: Understanding Hoarding Disorder Presentation - Spring 2014

• 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

Page 16: Understanding Hoarding Disorder Presentation - Spring 2014

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

Page 17: Understanding Hoarding Disorder Presentation - Spring 2014

MENTAL HEALTH DECISIONS

• What does it cover?

• Waiver of the right to revoke as to mental health treatment decisions

Page 18: Understanding Hoarding Disorder Presentation - Spring 2014

Guardianship and Conservatorship

Page 19: Understanding Hoarding Disorder Presentation - Spring 2014

• 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

Page 20: Understanding Hoarding Disorder Presentation - Spring 2014

• GuardianshipoCourt appointedoMedical careoFood, clothing, shelter needs

• ConservatorshipoCourt appointedoFinancial issues

NO WRITTEN PLAN IN PLACE…

Page 21: Understanding Hoarding Disorder Presentation - Spring 2014

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


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