Monday, October 25, 2010

Mediating disputes involving elders

The New York Times' blog, "The New Old Age," is very helpful with topics related to care, health, and family issues of aging. Recently, the topic was settling disputes involving elders through mediation. While mediation has been used for many years for family law or labor law disputes, it is blossoming into a new specialty for issues of aging. Issues may present in any of a number of relationships: among children of an elderly parent, between an elder and a caregiver, between an elder and a child.

I previously posted about elder law mediation as presented in a public radio story.

The post from "The New Old Age" includes these cautions and suggestions for families who may be considering mediation for such a dispute:

A mediator generally should be trained in such subjects as the physical and mental effects of aging and how to communicate effectively with the elderly. But in a field with no national credentialing and no standard approach, potential clients should be wary before asking an outsider to sit in on a dispute.

Start with National Eldercare Mediation Network, . . . which posts profiles of elder mediators in all 50 states. Another Web site, Mediate.com, also allows prospective clients to search elder mediators by state.

Wednesday, October 20, 2010

Aiming for 100+

The New York Times recently ran a story about living to age 100 and beyond. The centenarians who were interviewed were examples of good living, good luck, and good outlooks. Referring to several studies, the article reviewed the usual reasons for longevity--genetics (although not as big a factor as many might guess), caring for one's health, and a positive attitude.

As one 99-year-old interviewee put it, “I am blessed and I’ve worked on it. You’ve got to work, be cheerful and look for something fun to do. It’s a whole attitude. "

Last year, I posted about a collection of stories from diverse and interesting centenarians.

Monday, October 18, 2010

More on financial powers of attorney

As of September 1, 2010, Wisconsin has an all-new financial power of attorney law--new statutes and new state form. I introduced the new legislative act shortly after it became effective, and I will include more detailed posts about various aspects of the law.

For an extensive explanation, see this article in the June 2010 Wisconsin Lawyer magazine (the Wisconsin state bar's official publication). I wrote the article's sidebar about the new law's state form.

Powers of attorney must be on people's minds lately. See this "ask the expert" column from the New York Times' blog about aging. Although the answer to the question may be correct in some states, it is not entirely correct under Wisconsin's new law. In Wisconsin, coagents can act independently unless the power of attorney specifies otherwise. As in most cases, legal questions have many nuances and an inquiry with an attorney in the relevant state is very helpful.