California Conservatorships: Navigating the Maze with Capacity Testing

Today I wanted to delve into a complex legal and psychological issue in California: conservatorships and capacity testing. This topic often arises with aging loved ones, and navigating these decisions can feel overwhelming. But there is help and guidance available. I have worked with many families in Los Angeles to understand capacity and conservatorship from a psychological perspective, and have conducted capacity assessments in a wide variety of cases. Here’s how capacity testing can help ensure a fair and informed process if you or a loved one are navigating the possibility of a petition for conservatorship.

An elderly couple meet with a woman as they point at files. This could represent the support offered through a capacity assessment in Los Angeles, CA. Learn more about the help a therapist for older adults in LA can offer by searching for a redondo b

What is a Conservatorship?

A California conservatorship is a court-ordered legal arrangement where someone (the "conservator") is appointed to make decisions on behalf of another adult (the "conservatee") who is deemed unable to care for themselves or their finances. This can involve decisions about:

  • Personal needs: Food, clothing, shelter, and medical care.

  • Financial management: Paying bills, managing investments, making changes to a will or testament, and protecting assets from exploitation.

Why is Capacity Testing Important?

Capacity testing is a crucial component of the conservatorship process. It's a psychological evaluation that assesses an individual's ability to make informed decisions in specific areas. In the context of conservatorship, this typically focuses on two key domains:

  1. Personal Needs Management: Can the individual safely manage their daily activities like preparing meals, dressing themselves, and taking medications?

  2. Financial Management: Can the individual understand financial statements, avoid undue influence from others, and make sound financial decisions that are consistent with their values and well-being?

The Testing Process:

There's no single "capacity test." Evaluations involve a multi-pronged approach:

  • Interviews: This involves gathering information from the individual, family members, and caregivers about their daily lives, decision-making processes, and any concerns.

  • Cognitive Assessments: Standardized tests are used to assess memory, attention span, problem-solving skills, and judgment. These tests provide objective data about the individual's cognitive abilities. Just because someone has cognitive deficits or even dementia, does NOT mean they lack capacity. This information is crucial as part of a thorough evaluation, but it’s not the whole story. Many people with dementia maintain their capacity for decision-making, particularly if they have an established routine and support from family.

A close up of a checkbook next to a bill. This could represent the importance of a mental capacity test for elderly in Los Angeles, CA for conservatorships. Learn more about psychological testing in Los Angeles and how a mental capacity assessment in
  • Functional Assessments: Here, the psychologist observes the individual performing daily tasks related to finances and personal care, such as paying a bill. This may also involve asking test questions that get at a person’s comprehension and understanding of these tasks. For example, I may ask what someone would do in a hypothetical situation, such as if they accidentally cut their hand while alone at home, or ask them to explain a complex concept, such as health insurance. This helps determine their ability to function independently in real-world situations.

Importance of Capacity Testing in California:

  • Accurate Information for the Court: Objective data from capacity testing helps judges make informed decisions about the necessity and extent of a conservatorship. It ensures the least restrictive option is considered to protect the individual's autonomy.

  • Focus on Function, Not Diagnosis: California law emphasizes an individual's ability to function in daily life, not just a specific medical diagnosis. Capacity testing helps determine whether they can manage essential tasks independently.

  • Protecting Well-Being: A conservatorship can be crucial if someone is vulnerable to financial exploitation, neglect, or self-harm due to impaired decision-making capacity. It provides a safety net until their abilities are restored or a less restrictive alternative is found.

California-Specific Considerations:

  • Culturally Sensitive Evaluations: California recognizes the importance of cultural sensitivity in evaluations. Qualified psychologists consider the individual's cultural background, language, and values when conducting assessments.

  • Least Restrictive Alternative: The court prioritizes options that allow the individual to retain as much autonomy as possible. A full conservatorship is only considered if less restrictive alternatives, like supported decision-making, are deemed insufficient.

Seeking Help:

If you're concerned about a loved one's ability to care for themselves or their finances, here are some resources to help you navigate the process:

  • Consult with an attorney specializing in elder law or conservatorship. They can guide you through the legal aspects of conservatorship and the court process.

  • Seek a licensed psychologist with experience in geriatric assessments and capacity testing, like Dr. Reger.  I can conduct a comprehensive evaluation and provide a report for your records, as well as complete any court forms, such as the GC-335 or a notarized declaration regarding capacity if those are needed and appropriate for your case.

  • Contact your local Adult Protective Services agency for support and guidance. They can provide information on available resources and advocate for your loved one's well-being.

Remember: Conservatorship is a significant legal decision, and the process can be emotionally charged. Capacity testing ensures that decisions are made based on objective information, protecting the well-being of your loved one while respecting their autonomy to the greatest extent possible.

Let's Talk About a Capacity Assessment in Los Angeles, CA!

Have questions about California conservatorship, capacity testing, or resources for getting help? Feel free to reach out to Dr. Reger for support. You can learn more about the benefits of testing and more by following these simple steps:

  1. Contact (424) 262-1925 to schedule your appointment

  2. Meet with Dr. Reger for an evaluation

  3. Start navigating the complexities of capacity assessments!

Other Services Offered By Dr. Reger in Los Angeles, CA

Capacity assessments are not the only service offered by my Redondo Beach-based practice. I know that you may encounter more than one mental health concern at a time. This is why I’m happy to offer multiple neuropsychological and psychological assessments. Other assessments include cognitive and dementia testing, pre-surgical assessments, and med-legal evaluations. In addition to evaluations, I also provide individual therapy, counseling for older adults, and mental health consultations and presentations. Visit my blog for more helpful support today!