Select CAAVA Cases

CAAVA Volunteers Make a Difference
Three Case Studies in Their Own Words

A ward of the state had several children who had managed to dissipate over $100,000 of the ward’s estate. Despite the presence of a guardian, the children sought to gain control of the ward’s home with the intent to sell it for their own benefit. With the appointment of the CAAVA volunteer (who happened to have 25 years of experience as a lawyer), the court was able to identify and block this effort of the ward’s children thus freeing up resources that allowed the ward to afford and receive much needed services from the local memory unit.

“Sometimes it is a challenge because judges and lawyers are not really sure what CAAVA volunteers do … so it feels great when the judge accepts your recommendation for resolution of the case.”

A concerned brother petitions the court for guardianship of his paranoid schizophrenic sibling. The brother wants to have total control of his sibling’s estate, with the intent of placing strict parameters of any and all spending (even to the point of requiring the sibling to submit receipts for any expenditures). The CAAVA volunteer, a state health department retiree, uncovered the sibling’s strong desire to retain at least the semblance of (not so much actual) financial autonomy. The CAAVA volunteer suggested a compromise in which the brother would allow the sibling unrestricted access to a designated (de minimus) amount of money each month. All parties accepted this recommendation, thus protecting the vulnerable adult’s assets, daily viability, and sense of autonomy.

“It is interesting to meet the different people involved in these cases and to become familiar with the varying family dynamics at work. Sometimes, the people in the cases can really surprise you with their desire to reach the best solution on behalf of the vulnerable adult.”

Despite the monitoring of Adult Protective Services (“APS”), this woman was able to convince the court that she would be able to function without a guardian. The adult had argued that she could remain independent with the informal assistance of a neighbor. During the 30-day trial period (which was over the Christmas season), the woman “dismissed” the neighbor and had a traumatic episode (she was discovered on the floor, alone in her home) that prompted APS to submit her to the psych ward at St. Anthony’s. She was diagnosed with Alzheimer’s. The adult resisted the idea of going to a nursing home. The CAAVA volunteer surveyed all involved parties, finally suggesting to the hospital social worker that they tell the adult that she was going to receive therapy in another wing of the hospital. The vulnerable adult was moved to Grace Living Center which is near her home and allows the neighbor to bring the adult’s dog over for visits. The adult has adjusted well and does not realize that she has actually left the hospital.

It is really helpful “to see a guardianship hearing [because] it helps you to know what to expect and to give you a good idea of how to present your information … [and to] focus on what is most important” for the interests of the vulnerable adult.