A Guardianship Mediator
A guardianship mediator is extremely important when it comes to disputes involving guardianship. Guardianship is a legal term that gives someone the authority to make important decisions for another person. Most often, the courts are not involved in guardianship as it is commonly assumed. This is especially true with children. For example, the parents are traditionally the guardians of their own children. They don’t have to defend this status unless a legal problem or question of care arises.
Occasionally situations can arise that require the court to intervene. This often occurs when an elderly parent is no longer able to care for themselves. This can happen for a number of reasons. They may become mentally unstable or physically ill to the point they’re no longer able to make decisions for themselves. This can also happen when parents are unable to care for a child and someone else must assume custody.
There are a number of ways in which guardianship will be granted over someone that needs care, also known as a ward. In many states, petitioning the court for guardianship is a very long process. This is even truer when more than one person is trying to claim guardianship over the ward. In some cases, there may even be problems with someone objecting to guardianship. When guardianship is contested then the courts get involved in the proceedings. This means that the dispute needs to be settled either by mediation or litigation.
Why Hiring a Guardianship Mediator is Your Best Choice
In most cases it’s significantly better to solve this type of dispute in mediation using a guardianship mediator. Using a guardianship mediator ensures that the involved parties control both the process and the outcome of the dispute. This is a much better alternative than a judge who has little to no information or understanding about the family.
Mediation also helps protect the family’s privacy. Court proceedings can get ugly very quickly. By going the route of mediation you are protecting your family’s dirty laundry. Meeting with a mediator can also help minimize the conflict while helping to preserve relationships between family members. Overall, families tend to be better satisfied with mediation versus court orders. Not to mention, mediation much quicker and less expensive than litigation.
Guardianship cases often cause significant stress and conflict for the involved parties. This often leads to expensive litigation. All of this can result in financial and emotional devastation for the family. Working to resolve guardianship issues before it gets to this level is preferred. Guardianship mediation provides the opportunity for problem solving in a way that doesn’t tear the family apart. A great guardianship mediator offers a unique, nonbiased viewpoint of the situation at hand. A mediator helps promote family healing during a difficult process.
There are emotional benefits to mediation in addition to the financial and time benefits. A mediator will consider family history and dynamics as they guide you through the mediation process towards a mutually agreeable solution. This allows the attention to be focused on how everyone can assist the family member who needs them.
Hiring a Guardianship Mediator for Elder Care
Many guardianship mediation cases are regarding the care of an elderly parent who is no longer able to care for themselves. These cases often are ripe with pressure and conflict. Family members regularly argue about who isn’t doing their part and how expenses are handled. Sometimes, the stress of the situation can place the older family member at risk for developing additional health conditions.
The best thing for everyone is working with a trained, neutral party. The goal of mediation is to help all parties reach an acceptable compromise that is best for the person who needs the care. It’s also best to involve the individual who needs to be cared for in the discussion. This helps the family reach a decision while also allowing the individual who needs care to maintain independence as well as dignity.
A compromise can be met as long as all parties practice compassion, sensitivity, and patience. A guardianship mediator will help the family resolve their differences while preserving or repairing relationships and strengthening the family as a whole.
In some cases, only temporary guardianship is necessary. Temporary guardianship follows the same procedures as regular guardianship. The shining difference between temporary and traditional guardianship is that temporary guardianship is immediate. Due to the nature of temporary guardianship it is typically only used when the ward is believed to be in immediate danger. In some cases, a temporary guardian may be assigned if the ward is at risk of losing property or a business.
Using a Guardianship Mediator
The most important thing in a successful mediation is finding a competent mediator capable of understanding and assisting with the needs of the family as well as the ward. There are also things you can do to make the entire process easier for everyone. Talk to your mediator about what you would like to see happen, but keep an open mind. There may be reasons why another family member wishes to do things differently. You may or may not be aware of what these reasons are. In order to reach an understanding you must be willing to hear out the other involved parties.
It’s extremely important to try to keep your emotions at bay during these types of proceedings. Unfortunately, that’s often easier said than done. However, your mediator will be with you every step of the way. They’ll be able to explain the legal side of things while providing an impartial view over the case. Remember that no one understands your family as well as the members of the family itself. While a mediator is able to hear, see, and understand the relationships within the family, a judge may not. This is why it’s better to reach an agreement before the case must go to trial.
Call the Law Offices of Brian Hill, PLLC today at (972) 719-2526 for more information on guardianship mediation.