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UNDERSTANDING HOARDING DISORDER 
SPRING 2014
OVERVIEW 
1. What is Hoarding 
2. The Probate Process 
3. Powers of Attorney 
4. The Guardianship and 
Conservatorship Process
What is Hoarding?
Definition of Hoarding Disorder… 
• A persistent difficulty discarding or parting with 
personal possessions, even those of apparent 
useless or limited value, due to strong urges to save 
items, distress and/or indecision associated with 
discarding. 
• The symptoms cause clinically significant distress or 
impairment in social, occupational, or other 
important areas of functioning (including keeping a 
safe area for self and/or others.
TYPES OF HOARDING 
• Not discarding day-to-day items (passive) 
• Bought Items and collectibles (active) 
• Animals 
• Supplies 
• Clothing 
• Food 
• Papers, newspapers, magazines, books, bills 
• Storage units 
• And many more…
CONSEQUENCES OF HOARDING 
 Isolation (by self or by others who don’t want to 
visit) 
 Debt or financial dysfunction (unpaid/late taxes, 
bills, storage unit fees) 
 Unable to use home or rooms for intended 
purposes 
 Safety and health issues; blocked exits, fire, 
water damage, mold, spoiled food, insects 
 Negative effects on family members 
 Mental health declines, suicide ideation and 
actions 
 Legal issues (eviction, tickets, CPS, lawsuits)
Differences between Chronic 
Disorganization and Hoarding 
Chronic Disorganization Hoarding 
Unable to decide Unwilling to decide 
Worried about potential need 
for item 
Over-valuing of item for 
function, sentimentality or 
resale, etc. 
Unintentional “churning” 
(unproductive shuffling of 
items) 
Deceptive churning 
“organizing” to disguise lack of 
discarding 
Embarrassed/ashamed; 
overwhelmed with backlog; 
willing to learn and change 
despite discomfort 
Defensive/paranoid, 
sometimes with façade of 
embarrassed and appreciation 
of help; passive aggressive 
sabotage of clean up 
Poor spatial relations an/or 
sense of time; unrealistic 
optimism 
Significant distortions re: value 
of, and something actual, 
physical condition of hoarded 
item
PREVALENCE OF HOARDING 
DISORDER 
• First documented story about 
compulsive hoarding in 1940’s 
• 3 million – 1% (A&E “Hoarders” TV 
stat) 
• 6million – 2-5% (Time Magazine stat, 
2010) 
• 75 hoarding task forces in U.S. (Time, 
2010) 
• Personal consumption expenses and 
storage unit rental have increased 20% 
since 1980 (U.S. Chamber of 
Commerce)
BOOKS ABOUT HOARDING 
• Compulsive Hoarding and the Meaning of 
Stuff by Randy O. Frost and Gail Steketee 
• Cluttered Lives, Empty Souls: Compulsive 
Stealing, Spending and Hoarding.by Terrance 
Shulman 
• Buried Treasure. by Tolin, Frost and Steketee 
• Overcoming Compulsive Hoarding by Berbick, 
Perkins, et al 
• Digging Out: Helping Your Loved One 
Unclutter. By Thompkins and Harti 
• The Hoarder in You: How to Live a Happier, 
Healthier, Uncluttered Life. by Robin Zaslo 
• It’s All Too Much. By Peter Walsh
The Probate Process
THE PROBATE PROCESS 
 Admission and administration of an 
estate under a will 
 Determining and preserving assets 
 Notice to creditors and payment of 
claims 
 Inventory 
 Fees 
 Timeframe
Powers of Attorney
POWERS OF ATTORNEY 
 Durable Power of Attorney 
 Patient Advocate Designation 
 HIPAA Release 
 Power of Attorney over Children
DURABLE POWER OF ATTORNEY 
• Allows a person to name another 
to act on the person’s behalf 
• Does not require Probate Court 
action 
• Who to name as Attorney in Fact 
• Effective dates and Durability
KINDS OF POWERS GRANTED WITH 
A DURABLE POWER OF ATTORNEY 
• Banking 
• Social Security / Pension 
• Taxes 
• Litigation 
• Care Issues 
• Extraordinary Powers 
–Gifting 
–Prepare or Amend an Estate 
Plan
THE PATIENT ADVOCATE 
• Patient names a Patient Advocate to make 
decisions about care, custody and 
treatment 
• End of Life Decision-Making 
– Whether to withhold treatment 
– Whether to withhold food and water 
• Patient Advocate must adhere to Patient’s 
expressly stated wishes 
• Does NOT require Probate Court action
MENTAL HEALTH DECISIONS 
• What does it cover? 
• Waiver of the right to revoke as to 
mental health treatment decisions
Guardianship and 
Conservatorship
GUARDIANSHIP AND 
CONSERVATORSHIP PROCESS 
• Court appointment of Guardian or Conservator 
through the probate court 
• Guardian or Conservator must be willing and 
qualified to serve 
• Cannot block non-custodial parent from custody by 
naming a third party guardian/conservator 
• Children 14 and older have a say 
• Guardians and Conservators are not personally 
responsible to provide for the child with their own 
money
NO WRITTEN PLAN IN PLACE… 
• Guardianship 
oCourt appointed 
oMedical care 
oFood, clothing, shelter needs 
• Conservatorship 
oCourt appointed 
oFinancial issues
Presented by: 
HOWARD H. COLLENS 
GALLOWAY AND COLLENS, PLLC 
26075 WOODWARD AVENUE 
SUITE 200 
HUNTINGTON WOODS, MICHIGAN 48070 
(248) 545-2500 
GALLOWAYCOLLENS.COM 
Howard@GallowayCollens.com 
Twitter: @howardcollens

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Understanding Hoarding Disorder Presentation - Spring 2014

  • 2. OVERVIEW 1. What is Hoarding 2. The Probate Process 3. Powers of Attorney 4. The Guardianship and Conservatorship Process
  • 4. Definition of Hoarding Disorder… • A persistent difficulty discarding or parting with personal possessions, even those of apparent useless or limited value, due to strong urges to save items, distress and/or indecision associated with discarding. • The symptoms cause clinically significant distress or impairment in social, occupational, or other important areas of functioning (including keeping a safe area for self and/or others.
  • 5. TYPES OF HOARDING • Not discarding day-to-day items (passive) • Bought Items and collectibles (active) • Animals • Supplies • Clothing • Food • Papers, newspapers, magazines, books, bills • Storage units • And many more…
  • 6. CONSEQUENCES OF HOARDING  Isolation (by self or by others who don’t want to visit)  Debt or financial dysfunction (unpaid/late taxes, bills, storage unit fees)  Unable to use home or rooms for intended purposes  Safety and health issues; blocked exits, fire, water damage, mold, spoiled food, insects  Negative effects on family members  Mental health declines, suicide ideation and actions  Legal issues (eviction, tickets, CPS, lawsuits)
  • 7. Differences between Chronic Disorganization and Hoarding Chronic Disorganization Hoarding Unable to decide Unwilling to decide Worried about potential need for item Over-valuing of item for function, sentimentality or resale, etc. Unintentional “churning” (unproductive shuffling of items) Deceptive churning “organizing” to disguise lack of discarding Embarrassed/ashamed; overwhelmed with backlog; willing to learn and change despite discomfort Defensive/paranoid, sometimes with façade of embarrassed and appreciation of help; passive aggressive sabotage of clean up Poor spatial relations an/or sense of time; unrealistic optimism Significant distortions re: value of, and something actual, physical condition of hoarded item
  • 8. PREVALENCE OF HOARDING DISORDER • First documented story about compulsive hoarding in 1940’s • 3 million – 1% (A&E “Hoarders” TV stat) • 6million – 2-5% (Time Magazine stat, 2010) • 75 hoarding task forces in U.S. (Time, 2010) • Personal consumption expenses and storage unit rental have increased 20% since 1980 (U.S. Chamber of Commerce)
  • 9. BOOKS ABOUT HOARDING • Compulsive Hoarding and the Meaning of Stuff by Randy O. Frost and Gail Steketee • Cluttered Lives, Empty Souls: Compulsive Stealing, Spending and Hoarding.by Terrance Shulman • Buried Treasure. by Tolin, Frost and Steketee • Overcoming Compulsive Hoarding by Berbick, Perkins, et al • Digging Out: Helping Your Loved One Unclutter. By Thompkins and Harti • The Hoarder in You: How to Live a Happier, Healthier, Uncluttered Life. by Robin Zaslo • It’s All Too Much. By Peter Walsh
  • 11. THE PROBATE PROCESS  Admission and administration of an estate under a will  Determining and preserving assets  Notice to creditors and payment of claims  Inventory  Fees  Timeframe
  • 13. POWERS OF ATTORNEY  Durable Power of Attorney  Patient Advocate Designation  HIPAA Release  Power of Attorney over Children
  • 14. DURABLE POWER OF ATTORNEY • Allows a person to name another to act on the person’s behalf • Does not require Probate Court action • Who to name as Attorney in Fact • Effective dates and Durability
  • 15. KINDS OF POWERS GRANTED WITH A DURABLE POWER OF ATTORNEY • Banking • Social Security / Pension • Taxes • Litigation • Care Issues • Extraordinary Powers –Gifting –Prepare or Amend an Estate Plan
  • 16. THE PATIENT ADVOCATE • Patient names a Patient Advocate to make decisions about care, custody and treatment • End of Life Decision-Making – Whether to withhold treatment – Whether to withhold food and water • Patient Advocate must adhere to Patient’s expressly stated wishes • Does NOT require Probate Court action
  • 17. MENTAL HEALTH DECISIONS • What does it cover? • Waiver of the right to revoke as to mental health treatment decisions
  • 19. GUARDIANSHIP AND CONSERVATORSHIP PROCESS • Court appointment of Guardian or Conservator through the probate court • Guardian or Conservator must be willing and qualified to serve • Cannot block non-custodial parent from custody by naming a third party guardian/conservator • Children 14 and older have a say • Guardians and Conservators are not personally responsible to provide for the child with their own money
  • 20. NO WRITTEN PLAN IN PLACE… • Guardianship oCourt appointed oMedical care oFood, clothing, shelter needs • Conservatorship oCourt appointed oFinancial issues
  • 21. Presented by: HOWARD H. COLLENS GALLOWAY AND COLLENS, PLLC 26075 WOODWARD AVENUE SUITE 200 HUNTINGTON WOODS, MICHIGAN 48070 (248) 545-2500 GALLOWAYCOLLENS.COM Howard@GallowayCollens.com Twitter: @howardcollens