Archive: educational programs
Capacity:
What Is It? How Do We Assess It?
What Happens When We Lose It?
September 16, 2009
This program will provide an overview of decision-making capacity in older adults. Focusing on financial, medical, cultural, legal and ethical topics, presenters from a wide range of disciplines will examine the difficulties that surround the issue of capacity. Presentations will include: How to help your client and their family plan for incapacity, advance directives, capacity screening tools, working with victims with diminished capacity, diversity, updates on legislation/laws, autonomy vs. safety, financial abuse, scams and fraud; protecting yourself and your client.
Morning Plenary Session — 8:30 AM to Noon
Capacity: How It Is Defined, Where It Comes Up in Our Work and Why It Is Important to Grasp
Erika Falk, PsyD, Director, Geriatric Assessment Services, Institute on Aging and Director, San Francisco Elder Abuse Forensic Center
Experts in geriatric medicine, the judiciary, psychology, law and social services will discuss aspects of capacity from their respective disciplines and then comment on a complex case involving issues of capacity. The speakers in this session will be:
—Daniel C. Marson, JD, PhD, Professor of Neurology; Director, Division of Neuropsychology and Director, Alzheimer's Disease Center, University of Alabama at Birmingham
—The Honorable Judge Joyce Cram, JD, Contra Costa County
—Mary Counihan, MSW, Elder Protection Consultant and Advocate; formerly Director of Adult Protective Services
—Elizabeth Landsverk, MD, CEO, ElderConsult Medical Associates
Afternoon Workshops – 1:00 to 2:30 PM
1A. What Should I Have Done to Protect My (Now) Incapacitated Client?
Your client, George, is now incompetent; you last saw him 10 years ago. His children don't know what to do. Knowing what you know now and with the advantage of perfect hindsight, we'll focus on what should be included in various estate planning documents when planning for incapacity.
—Linda C. Kramer, JD, MBA, RN, Attorney at Law, Certified Estate Planning, Probate and Trust Law, Kramer Radin LLP
2A. What’s New In Conservatorships?
This multidisciplinary panel will describe the role of conservators in protecting elders with diminished capacity. Panelists will describe who can serve as conservators including family members, public guardians, and private professional conservators; and how courts determine when conservatorship is needed. It will further provide an update on recent trends in conservatorship and dispel common misperceptions.
—Lisa Nerenberg, MSW, MPH, Consultant on Elder Abuse
—Mary Joy Quinn, MA, Director, Probate Department, Superior Court of California, County of San Francisco
—Mary Ann Warren , Manager, Public Guardian, Public Conservator, Public Administrator, San Francisco Department of Aging and Adult Services
—Barbara Held-de Vries, LCSW, Private Professional Fiduciary
3A. Case Studies in Testamentary Capacity
The workshop will address testamentary capacity as a legal capacity, its conceptual framework, empirical work in this area, and various case studies that illustrate different aspects of clinical and legal assessment of this capacity.
—Daniel C. Marson, JD, PhD, Professor of Neurology; Director, Division of Neuropsychology and Director, Alzheimer's Disease Center, University of Alabama at Birmingham
Afternoon Workshops – 2:45 to 4:15 PM
1B. Elders and the Courts
Elder abuse appears
in the courts by many different channels: criminal cases, civil cases, Family court, Probate courts, Domestic Violence courts, etc. Innovative programs from two courts in the Bay Area integrate these cases into the Elder Protection Court, using a designated judge and direct calendaring. The mission of the Elder Protection Court is to provide swift and thorough access to justice in cases involving abuse of seniors and disabled adults.
—The Honorable Judge Julie Conger, JD, Alameda County, Retired
—The Honorable Judge Joyce Cram, JD, Contra Costa County
2B. Self Determination vs. Protection: Tips for Keeping the Balance
Professionals who work with the elderly are constantly balancing the right of the client to self-determination and the worker's duty to ensure the client's safety. But, what is self-determination? And, how do we support our clients' rights when the end result may be deleterious to their health and safey? In this session, we will address the challenges inherent in this ethical dilemma through video, lecture and discussion.
—Melissa C. Anderson, MA, MFT, PhD, Psychotherapist
3B. Elder Fraud, Scams and Financial Abuse
Increasingly, older adults are the vulnerable targets of identity theft and various financial abuse scams. Too many elders are being convinced to take out unsuitable home and other loans they don’t need, to involve themselves in fraudulent investment, lottery or other scams. Unfortunately, financial elder abuse doesn't only involve strangers, but too often involves a known person to the elder who is financially exploiting the elder, i.e., a family member, friend or caregiver. This session will present an overview of what are a number of the types of financial elder abuses occurring and will also present important information on how mandated reporters and others concerned can file appropriate complaints with Adult Protective Services, Ombudsman and/or law enforcement.
—Inspector Greg Ovanessian, San Francisco Police Department Fraud Detail
4B. Protect Your Clients, Protect Yourself: A Psychologist and Attorney's Roadmap for Issues of Capacity, Decision-Making and Undue Influence
During this workshop, the presenters will explore the complex issues of diminished capacity, consent for care, evaluation of capacity and challenges of undue influence. Using case law, case studies and ethical regulations, they will introduce a road map to guide your actions from the onset of care, at difficult junctures of care management and when you suspect undue influence.
—Priscilla Camp, Esq, Elder Law Attorney, Camp, Rousseau, Montgomery, LLP
—Erika Falk, PsyD, Director, Geriatric Assessment Services, Institute on Aging and Director, San Francisco Elder Abuse Forensic Center
NEW!
IOA's 2010 Educational Series
Mind, Body, Spirit: Pathways to Improving Health