Elder Law Mediation is an increasingly popular form of specialized mediation.  It deals with the issues that can occur among families as their elderly parents, grandparents, or even aunts and uncles become less self reliant and look to their younger relations for support.  Any change in the existing dynamic of a family carries with it its share of “stressors”.  The following is a compilation of common issues that come up in elder meditation.

1. Guardianship
Deciding that an elder relative is no longer capable of taking care of themselves in one or more ways is seldom done by the senior themselves.  Mediation with the senior can help determine to what degree the aging relative needs assistance and establish necessary guardianship to carry out this assistance accordingly.

2. Determining Suitable Residence
Whether or not a senior relative is capable of staying in their home and to what level they need assistance to remain there is a decision faced by elders and their descendants.  Deciding if an assisted living facility or nursing home is necessary is a choice that few children want to make for their parents.  If one of the adult children takes the aging relative to live with them, how should that be reflected in the senior’s finances?  These issues frequently need to be worked out with a mediator.

3. Medical Care
Everyone agrees that they want to give their elderly loved one the best medical care possible but at times what constitutes that best care can be unclear.  Should two or more siblings have conflicting opinions about which option for medical care is best, a dispute can arise amongst them.

4. Conflict amongst Siblings
This is an all encompassing problem that can show up in many of the other areas of elder law mediation.  Here it refers to underlying disputes that have been around since childhood.  These issues, while seemingly buried after childhood can often reappear when handling issues like estate settlements and elder care, making it difficult to reach a harmonious agreement.

5. Financial Decisions
Figuring out how to handle the family finances can be quite difficult, particularly in situations where the senior members of the family didn’t openly discuss their financial situation and/or financial plans for the future.  Deciding how money will be spent or invested, and who will now be in charge of making these decisions is at the heart of a majority of family conflicts.  Determining how to pay for insurance, medical care and nursing homes also fit in this category.

6. Inheritance Issues
Beyond financial management for the ailing elder are the expectation of their passing and the subsequent dividing of assets.  Agreeing on inheritance terms can be quite difficult as the conflicts usually arise from two separate concerns, economic and sentimental.  Sentimentality can make it much more difficult to split the estate evenly.  Also at issue is whether or not a descendants’ current financial situation should impact the level of inheritance that they receive.