Guardianship
Mediation

For Baby Boomers and their parents, the coming years may be filled with tough decisions about living arrangements and medical care for older parents. Many people will look to their state Guardianship Law for guidance.

What is Guardianship?

When a court determines that a person is legally incapacitated or incompetent and unable to attend to their own personal or financial needs, the court may appoint a guardian for that person. The Court then gives the guardian the right to make decisions for the incapacitated person.

Does Guardianship Deprive Older Adults of their Rights?

The Court actually gives many of the older adult's personal, legal, and contractual rights to the guardian. The guardian may decide where the incapacitated person will live, how the finances will be managed, and even when medical care is appropriate.

Are Guardianships Expected to Increase?

Due to improvements in modern medicine and increases in life expectancy, more people will live to an older age than ever before. Consequently, more older adults will live beyond their ability to care for themselves, physically and financially. As more families file petitions for guardianship, courts will find it more and more difficult to give thorough consideration to all the cases.

When Should Guardianship be Used?

Guardianship should be the option of last resort and used when nothing else works. Many state statutes require families to consider all community and family resources that are available to help the older adult before the court will appoint a guardian. In other words, courts look to the options that are least restrictive to the freedom of older adults before appointing a guardian.

What is Adult Guardianship Mediation?

Adult guardianship mediation is a voluntary form of conflict resolution in which a third impartial person assists the family in finding a solution to a family problem involving an older adult. Adult guardianship mediation considers the needs and concerns of all members of the family. It may include other necessary persons. Although the mediator is a facilitator of the process, the mediator is not a judge and does not make decisions for the family.

During the mediation process, all family members have an opportunity to share their concerns about the situation and their individual interests and needs. After everyone has had an opportunity to be heard, and people begin to understand the concerns and needs of other family members, the mediator helps the parties find mutually agreeable solutions for the issues with which the family must deal.

Families who participate in the adult guardianship mediation process prior to appointment of a guardian almost always find a less restrictive option than full guardianship. Some families participate in mediation to resolve problems that occur after the court has appointed a guardian. Adult guardianship mediation is also concerned with solving underlying problems associated with elder care and may address such issues as sibling rivalry, safety, independence, inheritance, and the wasting of assets.

How can Older Adults Benefit from Adult Guardianship Mediation?

• assures maximum retention of independence and autonomy for older adults
• reduces strain on family members by using all available community services
• helps maintain healthy family relationships
• includes the older person in the decision-making process
• prevents loss of all personal, contractual, and legal rights
• provides privacy and avoids stressful court hearings

More Mediation Information

Divorce Mediation
Resolution of Long-standing Family Conflicts
Mediation and Communication Skill Training
Home

©1996 - 2006 Susan Castner