KB Times
 Katten & Benson, Your Elder Care Law Specialists
February 2012
In This Issue
Did You Know?
K & B Happenings
In Dementia Care, Who Is the Decider?
Action Questions
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  • There are 14.9 million people caring for someone with Alzheimer's disease
  • About 50% of caregivers work full-time
K & B Happenings

 

Presentations

 

Monica and Kim will be doing a Medicaid Planning presentation for professionals at Elmcroft Assisted Living in Arlington. For more information, contact Stephanie Vickers at 817-451-1404.

 

Steve is doing an elder law presentation at the Arlington Senior Center on February 17. Call 817-277-8091 for more information.

 

 Time Off

 

Monica will be out of the office February 9-10. 

 

Steve will be out of the office February 23-24.

 

Dana will be out of the office February 24.

 

Kim will be out of the office February 29.

 

In Dementia Care, Who Is the Decider?

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I have been struck recently by the number of families I

have talked to that are dealing with parents with dementia. In so many of these situations, the adult children are really struggling with making decisions: where their parents will live, who will provide care, how things will be paid for, just to name a few. And in every case, the biggest struggle seems to be balancing respect for the parent's autonomy vs. the need to take control of a potentially unsafe situation.

 

Unfortunately, I don't have any easy answers. I did recently however have the chance to meet 

Viki Kind. Viki has written the book The Caregiver's Path toCompassionate Decision Making: Making Choices forThose Who Can't. Viki's book provides a f

ramework for making decisions that I think is really helpful. 

 

Viki Kind book 

The book goes into much more than I can cover in a short article, but very briefly she talks about figuring out what level of decision-making the adult has. This can be based on professional testing, which is best, but can also depend on your observations of how the adult functions. 

 

She uses a child's level of understanding to help us see how an adult with dementia might be understanding. One example she gave in the presentation I heard is that we don't usually let a 3-year-old decide where to live, but might let a 17-year-old make that decision, depending on the circumstances. It's easy for us to see how a 3-year-old and a 17-year-old think and reason differently when it comes to this kind of decision.

 

When it comes to Mom or Dad, if Mom can't see at all the danger of the situation at home, let's say she leaves the stove on, takes medication incorrectly, lets strangers into the house, etc., she may be operating more at the 3-year-old level. That means you probably need to step in and start making the major decisions, because Mom isn't able to do that anymore.

 

In a situation like this, it might be possible to let Mom make some decisions, such as what furniture to take to assisted living. One example Viki used was to tell the parent they were going to assisted living--the decision was made, and the parent was not given a choice in that decision. But the parent was allowed to choose the room they moved into. This gave the parent the feeling of control, because they got the "best" room. 

 

I know that decision making is often more complex than this, but I think Viki has some good ideas, and I recommend that you read the book. It's been helpful to me as I work with families. 

Action Questions

Viki shares the following action questions in her book to help with the decision making process:

  1. What is the approximate mental age of the individual today?
  2. Is this person able to make his or her own decisions?
  3. If the person can't make his or her own decisions, will this lack of decision making ability continue or is it only temporary?
  4. If the lack of capacity will only be for a short period of time, does this decision need to be made today or can I wait to see if he or she will regain the ability soon?
  5. How important and serious is this decision?
  6. Who should make the decisions while he or she has lost capacity?
  7. Should this individual be involved in making this decision? If so, how much?
  8. Was the person able to think and communicate in the past, and if so, was he or she fully capable or just partially capable?
  9. Am I going to use Substituted Judgment or the Best Interest Standard?
  10. What are the person's quality of life goals and what would he or she say in this situation?
  11. How can I keep the person included in ways that are safe for him or her to participate?
  12. What other questions should I use from the checklists in this book?
Substituted judgment is acting as the person would act, if we know what the person wants. Best interest is used when we don't know what the person wants.

   

 

Don't forget that we are always here and ready to help with your long term care planning needs.
 
Sincerely,
 
Kim Olmedo, LCSW, CCSM, CSW-G
Elder Care Coordinator
Katten & Benson