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Mediation and Litigation in 

Elder Care Cases

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Our litigators and mediators at Conflict Free Resolutions have over thirty years handling family matters of all types, including elder care cases. When the process works correctly, the high costs associated with litigation, attorneys, and experts are avoided.

 

Families can save hundreds, thousands, or tens of thousands of dollars by utilizing mediators for elder care cases. Elder mediation can also assist in bringing families back together and in rebuilding relationships.


Our elder mediators are mediators who provide mediation services to those families that need assistance in resolving issues that arise among adult siblings and relatives who do not agree on the appropriate long-term care of their parents. The issues that could arise among siblings and relatives are
numerous.

TYPICAL ELDER CARE CASES INCLUDE

  • Should mom or dad be interdicted?

  • Who should be appointed as mom or dad’s curator?

  • Who should make the decisions related to mom’s or dad’s care?

  • Should mom or dad stay at home or move in with one of the children? Or should a sibling move in with mom or dad?

  • Who hires and pays for the caregiver or sitter?

  • Who takes care of the upkeep of mom’s or dad’s home?

  • Who takes care of the parent’s personal welfare and personal hygiene?

  • Who buys the groceries for mom or dad?

  • Who handles mom’s or dad’s financial affairs?

  • Who controls the bank accounts?

  • Who takes mom or dad to the doctor?

  • Who pays the household bills or utilities?

  • Who is entitled to receive Information about mom’s or dad’s affairs?

  • Who are the beneficiaries on the parent’s life insurance policies?

  • Who is written in mom’s or dad’s will?

  • Who has keys to mom’s or dad’s home?

  • Who takes care of mom’s or dad’s medicines?

  • Which sibling is entitled to a power of attorney to handle mom’s or dad’s affairs?

These disputes can be acrimonious and can cause siblings to not speak to each other. There are times when siblings have not talked to each other for weeks, months, or even years because of the emotional aspects of these disputes.


To properly resolve these bitter disputes, our elder mediators can be hired to work with the siblings in
order to resolve these elder care cases. These mediators are also called senior care mediators, eldercare mediators, family mediators or parental care mediators.

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Looking for interdiction and tutorship attorney?

It’s never pleasant to realize that a loved one can no longer care for themselves partially or completely. Louisiana law allows you to seek interdiction and tutorship attorney for your loved ones who are unable to care for themselves due to substance abuse, physical disability, mental illness or behavioral addiction.

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Interdiction places the adult in the legal status similar to that of a child and gives decision-making authority to their tutor. They can’t enter contracts, leases, marry, open or close bank accounts, manage their money, manage their medical care or file suit, without their tutor’s approval. However, the tutor’s liability for the interdict’s actions are more limited than that of the parent for his or her child’s actions. The tutor can be granted the power to make medical decisions, financial decisions, seek support for the interdict, file suit on behalf of the interdict, terminate driving privileges and terminate contracts on behalf of the interdict.

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The person you are seeking to interdict can either hire their own attorney or one will be appointed to represent them in the interdiction proceeding. This is to insure that someone isn’t seeking this interdiction for improper purposes to the detriment of the Interdict. However, an emergency temporary interdiction can be sought to prevent immediate harm to the Interdict, pending hearing on the permanency and scope of the interdiction.

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Interdiction and tutorship can be limited either in scope or duration. It can be limited in scope to just medical, or just financial. It can be limited in duration to temporary or permanent. If the condition is not permanent and can be reversed by medical care or therapy it can be terminated either with the consent of the tutor or by the interdict applying for termination or for modification in scope of the interdiction.

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At Conflict Free Resolutions, our interdiction and tutorship attorney will help you navigate the waters in these cases in order to assist your loved ones in the most efficient way. Gain peace of mind by planning for tomorrow! Call us today! 504-302-2462

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