Elder law attorneys aim to facilitate their clients’ independence through educating family members about different financial and legal options available, as well as financial and disability planning. Often these decisions lead to messy disputes between family members arising from different ideas of how to best care for their loved ones. Collaborative law can help families reach an agreement while supporting the best intentions and honoring the dignity of the family members involved so they can maintain their close interpersonal relationships.
In the elder law setting, collaborative law often improves communication between the parties and provides for a more open sharing of information, leading to the preservation of family harmony and a reduction in conflict and resentment in the future. Additionally, the collaborative process allows for greater control of the process by the parties involved and a decrease in cost and waste of family resources. Most importantly, collaborative law in the elder law setting can provide enhanced privacy and dignity for the elder involved.
Items that can be resolved are:
- Creation of a care plan for a disabled family member
- Resolve disputes over the use of Powers of Attorney, Living Trusts and Advanced Health Directives
- Resolve disputes over guardianship, capacity and care issues
- Resolve conflicts regarding financial exploitation or protection from abuse of vulnerable loved ones
- Proactively planning for future needs when an aging family member needs assistance