Article

Why have a Nurse Attorney mediate your Elder Care issue?

Topic: Baby BoomersPublished March 9, 2012

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Adult children/siblings often find themselves responsible for their parents care. As parents of adult children age or become faced with disabling conditions, many questions inevitably arise including who will manage their finances, who will take care of them physically and should they remain in the family home? Family relationships are very important. By mediating these issues, family members are saying that they want to preserve the family unit and are willing to work together to find options that will enable them to reach an agreement. During an elder care/law mediation, family members and all interested parties work together with a mediator (an impartial neutral) to identify and clarify the issues that have brought the parties in to mediate. There may be just one or two issues that stand alone or more often than not, there are several issues that are intertwined. By working with the families to identify these issues, generate options to resolving them and coming to a resolution, we end up with an agreement that meets the needs of and works for the individual and all the family members and caregivers as individuals and as a unit. As a Mediator with background in law and nursing, I am accustomed to dealing with multiple parties. For example, I’ll often see people present with significant illnesses, these illnesses impact them and their family members in different ways (physically, mentally, emotionally, spiritually, and financially). During times of distress like this, family disagreements erupt. Some family members want care delivered a particular way, while other family members want to leave the decisions up to the physicians and then there are those family members who want no involvement at all. I help bring these families together in a neutral setting that allows for each to voice their concerns in a respected way. If the patient, elderly parent or ailing parent is competent, they too are part of the mediation process and by being part, their dignity is respected and preserved and their personal wishes attended to. After all, the goal of the mediation is to reach an agreement that will be in the best interest of the elderly or disabled person and meet the needs and concerns of their loved ones. In being an Attorney who is a Mediator, I am able to help with the execution of legal documentation as necessary. If I am not able to do so because of legal conflict, my partner who too is a Mediator and Attorney and also a Financial Analyst will come in to assist. Legal document preparation may be necessary such as appointment of a conservator, guardianship, powers of attorney, last will and testament, and advanced healthcare directives. Elder care matters may specifically involve: medical care and treatment, end of life issues, in home living arrangements, community resources, family member involvement in their elderly parent’s overall care needs, nursing facilities (nursing homes, assisted living facilities, day treatment), resources in the community, senior centers, the need for legal services (guardianship, powers of attorney, healthcare directives, wills) and financial concerns among others. Mediating elder care issues provide the parties involved with a safe environment to voice their concerns. Mediation reduces fear, stress and hostility. Emotional, physical, spiritual, financial and legal needs are addressed. Mediation preserves the dignity of the elder, is cost efficient, timely, private, voluntary and confidential. As a Nurse, I advocate for patients. As an Attorney, I advocate for clients. As a Mediator, I remain a neutral and guide those who seek my services when dealing with difficult situations. I understand.

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