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Mediation is the first step to making decisions regarding elder care,
costs of long term care and elder care responsibility. Decisions
regarding the long term care of a parent, older loved one or disabled
loved one places tremendous pressure on the decision makers and their
families. Mediation is an effective way to gather the family together,
explore options together and provide a forum for each family member to
speak freely and express their opinions and emotions. This meeting
can take place at the beginning of the decision making process or during
a crisis situation. The mediator, as a neutral third party trained
in communication and problem solving skills, enables the family members
to understand the changes their family will undergo, productively discuss
the present situation and their new responsibilities.
Issues Mediation Addresses
Need for assistance
Families examine ways to reduce health and safety risks of their loved
one such as powers of attorneys, trusts and community assistance.
Level of care and responsibility
Families determine amount of autonomy the parent or incapacitated loved
one should have; where the loved one should live and the type of nursing
care, if any, he/she should have.
Medical care and treatment
Agreements can be made about the physicians and treatments that are needed
and the community resources that should be made available. Family
members can decide who will oversee the care and explore the possibility
of filing advanced care directives.
Financial decisions
Mediation can resolve how money is spent or how funds are acquired to
support the parent or incompetent loved one. Mediation includes
all interested persons in the decision making.
Legal responsibilities
Questions arise about whether the actions of the guardian or attorney-in-fact
are legal, proper and/or in the best interest of the parent or incompetent
loved one. Mediation provides a forum for the family to discuss
these concerns and determine what is appropriate.
Probate concerns
Family disputes that arise after the death of a loved one can be mediated.
Disputes may involve the gifts provided; family members left out of the
will; the valuation of the estate assets or the actions of the executor.
Mary Ann Dalton is a trained mediator who works closely with families
in need of conflict resolution. For more information or to schedule
an appointment, contact the HERRING MILLS & KRATT, PLLC at
(919) 821-1860
or maryann@daltonlawyer.com
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