Elder Care Dispute Resolution

Collaborative Law For Elder Care Disputes

When most people think of collaborative law, they think of divorce and family law matters. In fact, collaborative practice has increasingly been applied to other areas of the law such as elder law. The elements of collaborative law that make it so beneficial in family law also make it an attractive option for elder law. 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. Oftentimes such legal and financial 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 still maintaining their close interpersonal relationships.

Collaborate law improves communication
In the elder law setting, collaborate 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.

Resolving problems without court intervention
The collaborative process can play a part in resolving different elder law issues. For example, it can facilitate proactive plans for what will happen when an aging family member needs assistance, as well as aiding in the resolution of disputes regarding Powers of Attorney and Advanced Health Care Directives. With its focus on cooperation and resolving problems without court intervention, utilizing collaborative law in the elder law setting can help families resolve their important legal issues by helping the parties to work together to address their loved ones’ needs in a safe and constructive environment.

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