Because mam doesn’t have Power of Attorney, we have to petition for a conservatorship. Bro will be mam’s official conservator. For those of you who doesn’t know, petition for a conservatorship is a much more complex process than Power of Attorney.
Apparently, the Superior Court of California has received the petition and has assigned a probate court investigator. The investigator came last Friday to interview us
When she came, she asked us the basic questions: who’s who, who’s related to who with regards to mam, who’s living in the apartment, who’s taking care of mam, etc. Then she asked us the touchy subjects: who’s financially supporting mam, how much was Pap’s estate, how much was the apartment rental, how often me (daughter) comes, how often bro comes, etc.
Then the investigator wanted to talk to mam. This came out to be somewhat a disaster. The investigator underestimated mam’s Alzheimer and overestimated mam’s mental capability. At the beginning of the interview, the investigator told mam (and asked me to translate) that bro was petitioning to be her conservator and that the court date was to be Aug 28. Mam asked: loh, what month is this. I told her, right now it’s July. Towards the end of the interview, the investigator said to me: Let’s ask your mom what date it is today, since we already told her earlier that this month is July. I told the investigator: no, let’s ask mam what month it is and see if she could answer. I wanted to show her that mam does not even remember a conversation we have 5 minutes ago. And sure enough, she didn’t.
The part that was quite a disaster was when the investigator asked me and pap to ask mam: Do you want your son to be your conservator. We botched this one. The words we’re using to translate “conservatorship” were “to take care of” (ngrawat, ngo-pen-i). Mam asked: loh, where is Hien (lah Hien ndik mana)? We told her: in Washington. Then she said: loh, how come he’s that far away he wants to take care of me. I don’t want to go there. I translated this to the investigator. She told me to tell mam: she doesn’t have to go to Washington. Mam said: then he has to come from far away here. No.
At that point, I had to explain to the investigator, that we were having trouble translating the concept of “conservatorship” to mam. Not only that there was no direct Indonesian words that meant the same thing, this whole concept of a son having to petition the right to take care of parents was just foreign to Indonesian. This doesn’t exist in Indonesia.
The investigator was quite puzzled. So what happened when someone became old and unable to take care of him/herself ? I told her: then the children stepped up and did it. She said: oh, what happened to people who didn’t have children. I said: then the family member stepped up. The notion that people have to involve the government for this….. it just doesn’t exist.
The investigator was still relentless. She wanted me to ask mam: was there someone else mam preferred to be her conservator. Again, we translated this to mam: selain Hien, ada orang siapa lagi sing mam mau untuk ngrawat mam (other than bro, who else mam would like to take care of mam). Mam pointed at pap.
There were a couple of more variation of this question — all resulting to mam pointing at pap.
Several times during this interview, mam cried.
I am not sure what the investigator would write in her report. I hope she eventually understood mam’s level of mental capacity.
The worse was: the investigator told me, the court would appoint a lawyer to represent mam. This lawyer would come and do his/her own interview with mam, to make sure mam is represented well. I can already tell what’s going to happen next. Same thing will. What’s even worse: bro or me may not be here. Pap is left to translate and may even get double misunderstanding.
The whole process, the intention is quite understood and I can see why we have this process. But as with any process, it addresses the average situation and predicament. With unusual circumstances around, this process just doesn’t work well.
Let’s just hope the judge is too busy to care for simple, uncontested petition like this.