Attorney-case manager collaboration in the conservatorship of older adults

The complex issues of long-term care are everchanging, with no one discipline having the corner on all the intricate options, regulations, and ethical choices that often confront an aging person. This is most critical when a person's incompetence requires the appointment of a conservator or guardian. When the probate court finds it necessary to appoint a conservator/guardian for an older adult, and family or other informal caregivers are unavailable or unable to assume the role, the responsibility is often delegated to an attorney. However, an attorney's expertise is in the field of law, not necessarily in the complex and intricate long-term health care system. Maintaining a mentally incompetent and functionally disabled person in the safest and least restrictive environment is demanding. It requires a thorough knowledge and understanding of the physical and emotional changes associated with the aging process, an area of expertise of long-term care case managers. Combining the clinical proficiency of the case manager with the legal and financial expertise of the attorney benefits the conserved older adult. This article illustrates this collaborative approach to long-term care through the use of several case histories.