Sunday, November 20, 2005

Guardians for profit

Last week the Los Angeles Times published an excellent special series on the issue of conservators for elderly adults who no have the ability to manage their own affairs.

It is quite a long read, but well worth it. The articles focus on some of the worst abuse of the system that they found. The theft and incompetence they uncovered will make your blood boil.

For those who don't want to read it, the report is about the conservator industry. These are people or agencies who are appointed responsibility for persons who are unable to take care of their own affairs. The article points out some of flaws with the system as currently implemented in California, and Los Angeles County. Problems are things like:
  • The ease in which a total stranger can be appointed a conservator.
  • The extreme difficulty of removing a conservator.
  • The lack of regulation, oversight, and licensing of conservators.
  • The looting and theft of their charges' assets by conservators.
  • The abuse and neglect of charges by conservators.
  • The failure of judges to monitor the conservators they appoint.
  • The complete failure of the LA County public conservator.
What I found scary was the ease in which anyone can call themselves a conservator, find an old person with assets, and then ask a judge to appoint them as a conservator based on nothing but their own word. Once granted, the conservator can then do whatever they want with the person's assets, without any supervision, or consequence for abuse. For example, selling the charge's home for far less than market value to themselves or to a family member.

The system sound horrific. Anyone reading would want to take steps to prevent themselves to falling victim should they become infirmed. The article does not go into what people can do to protect themselves. Nor do the articles discuss alternatives.

The two alternatives are, (a) do nothing and allow the elderly to take care of themselves. (b) Have the family take care of this. Obviously, alternative (a) is not acceptable. Some people do get to the point where they are incapable of taking care of themselves. They will die without help. So, the only realistic option is conserveship.

Is there not an unwritten pact between the generations that when you become too old to take care of your affairs, that you will be able to trust your family. Apparently not. For every case of abuse by the for-profit conservators in the article, there are even more abuse by family members. I suspect that of the percentage of "bad apples" in the for-profit industry were compared to the "bad apples" of abuse by family, the for-profits might seem like a safer bet.

I can think of many examples of elderly people being striped of their ability to manage their own affairs by their own children who seem to more keen on preserving their inheritance than the interests of their own parent(s). A recent example this year within my own extended family (Aunt Louise), illustrates how bad this can be.

It is all a bit depressing to me. You can't trust strangers motivated by profit. You might not be able to trust your own family. What are you suppose to do?

Good thing I am poor. No one will benefit from my demise. That will keep the wolf from the door!

On the other hand, I refuse to be a burden on someone else. I don't want that kind of life. So the only question is if I will get the point where I can no longer take of myself, will I be able to recognize it? And if I do, will I be able to do something about it? Will the last thing I own be a gun and two rounds (in case on misses). I've always reckoned that if I knew I was on my last days, I would disappear, and die on my own terms, in my own way.

I see the makings of good novel of film here. What if there was a secret insurance company, or a sect, that guaranteed that if you become infirmed, they would have a hit-man take you out? It could be triggered by a test they administer every year or so. If you fail, they shoot you. Then you would not have to deal with greedy family or conservators. It would be a self-destruct contract.

1 comment:

Bookworm said...

Many moons ago, I worked on a will contest where a retired judge was appointed conservator for the estate. He was, at the same time, conservator for multiple other estates, as well as for elderly living people who were disabled. When he died, it turned out that he'd embezzled millions from all of the estates under his control. It was amazing the ease with which he embezzled this money, despite the fact that many of these estates were ostensibly being overseen by the court!