What is an Elder and Family

Mediator and Do I Need

One?

Welcome! This is the first step to finding a less stressful, far less expensive, and more personalized way to resolve disputes about elder and family issues rather than litigation. Since most people do not know that elder and disability law are specialized areas of practice, few know that disputes involving these issues can be resolved through the use of a neutral third party mediator to help you and your family work through the concerns and difficult stressors that affect families in crisis. For the past 20 years, I have focused my legal practice on helping seniors, individuals with disabilities and their families with planning for incapacity, end-of-life issues, guardianship, mental health law, preserving assets to pay for long-term care, special needs planning and client-tailored estate planning. Mediation enables people to gain a perspective on their differences with the help of a mediator who is trained in dispute resolution. The mediator speaks individually with all interested participants to find out their specific concerns, needs and goals and enables the group to come together in a safe environment where each person can express their perspective. The goal is to allow the group to create their own approach to resolving their concerns. Mediation can transform the way an issue is looked at and how the people affected by it can work together to find a solution. Allow me to help your family work through challenging conversations such as talking about whether an aging loved one should stop driving or have someone help with their finances to heated conflicts where families are seeking help with end-of-life treatment decisions or inheritance disputes. No matter how complicated or emotionally charged the issue, mediation can help. This e-book will provide you with more information about how mediation can help resolve these disputes and restore family relationships. If you have any questions or would like to schedule an appointment to discuss how mediation can help your situation, I would be glad to speak with you. Thank you.

What is an Elder and Family

Mediator and Do I Need One?

Mediation is an effective way to resolve a variety of disputes. It avoids the

need for court interference and is especially valuable in situations when

personal relationships are vital. Mediation allows disputing parties to reach a

resolution that works for everyone involved. This is one of the reasons why

Elder and Family Mediation is so important – the process resolves disputes

while protecting the well-being of vulnerable family members and the

relationships of those involved.

What Does an Elder and Family Mediator Do?

An Elder and Family

Mediator helps families deal

with the legal, health and

emotional issues that come

with aging. The process is

based on the concept that with

assistance, families can find

their own practical and creative

solutions to issues affecting

their elderly loved ones, rather

than having a court impose a solution or have a family torn apart by fighting

over these critical issues.

What is an Elder and Family

Mediator and Do I Need One?

Elder and Family Mediators help families resolve issues related to:

• Where an elderly relative will reside

• Whether an elderly relative should continue driving

• How to discuss assisting a family member with paying their bills if they are

becoming unable to do so and don’t agree to accept help

• How the family will work to share responsibility of caring for an elderly

relative

• How will the care for an aging or disabled family member be paid for

• What type of end of life care is appropriate and consistent with the wishes

of a loved one facing the end of life

• Who should serve as medical and/or financial power of attorney and if

there are concerns about someone who has been appointed, how to discuss

and resolve these concerns

Elder and Family Mediation does not impose solutions – it assist families in

finding what works best for their individual situation. Families must agree to

participate, even if they cannot be in the same room as one another. As long

as they agree to participate in the process, the mediator will ensure that

everyone’s concerns are heard.

What is an Elder and Family

Mediator and Do I Need One?

People can feel safe in expressing their opinions and if necessary, the mediator

will allow them to be in different rooms while the mediator coordinates

between groups to facilitate the process. Even though people often feel that

the only way to solve a problem is to go to court, they don’t realize that it

sometimes causes more problems than it solves.

Mediators facilitate the meeting

without favoring or representing

one individual in the dispute.

The mediator makes sure everyone

is heard, including the one most

affected by the decisions being made,

even if that person is suffering from

dementia or Alzheimer’s. Mediators

also help families find a process for

future problem solving that works with their way of communicating.

Do I Need an Elder and Family Mediator?

Determining whether it is time to bring in an outside party to listen to family

disputes can be tough. Many families do not want outsiders to know about

their disputes and want to keep the details of family issues private.

is a confidential process, but it

can still be intimidating to ask a

stranger to help with family

problems. Unfortunately,

waiting too long can make the problem worse – and create a path that leads

directly to the courtroom.

So how do you know if mediation

is the right option for your family?

Mediation is a good choice for

families who do not know how to

discuss difficult issues with a loved

one who should not be driving or

handling their own bills, but refuses

to hear the advice of family.

Mediation works when an individual

appointed as decision-maker for a

person under a Power of Attorney

or Trust is not communicating with family members who are concerned

about how money is being spent or the care being provided.

What is an Elder and Family

Mediator and Do I Need One?

Mediation also works to help a loved one who is becoming unable to make

important decisions but feels that their needs and wishes are not being heard by

their family members. Mediators help ensure your loved one’s needs and

wishes are honored, even if the mediation process becomes heated or tense.

Debra Schuster also understands

the laws that affect seniors

because she is an elder law

attorney. It can be confusing

and risky to make decisions for

loved ones when you lack an

understanding of the laws

affecting the situation. Even

when everyone in a family wants

to do the right thing, it can be

difficult to make these decisions without knowing all of the options. Disputes

often occur because people aren’t aware of what those options are. Working

with someone who has legal experience, in addition to advanced training with

group communication and problem-solving, can be the best option when

important decisions must be made.

What is an Elder and Family

Mediator and Do I Need One?

What is an Elder and Family

Mediator and Do I Need One?

Finding an Elder and Family Mediator

One of the most important decisions you will make when it comes to making

decisions about your elderly loved one is who will help with the mediation. You

need to hire a person that has experience with mediation, as well as someone

familiar with elder and family laws and the issues that arise in a family when the

well-being of an elderly loved one is at stake.

Debra Schuster is that person and

can help.

If you believe mediation could help

you resolve your family’s issues

with a focus on the best interest of

your loved one and with as little

stress as possible, Debra is the

person to contact. She is the

founder of Debra K. Schuster & Associates and sets the standard for being a

holistic and client centered law firm.

What is an Elder and Family

Mediator and Do I Need One?

Debra is a native of Buffalo, New York and has lived in St. Louis, Missouri since 1985.

Her very personal connection to her work and dedication to seniors stems from caring for

her grandfather. She understands the challenges faced by her clients from being a

caregiver and attorney-in-fact for her mother, and she is able to pass this experience onto

her clients to help them make the best decisions possible.

She is compassionate and willing to work with families that need to deal with ongoing

emotional issues. She knows better than anyone that resolving family disputes is not

simple and she is prepared to assist families with the conversations that need to happen in

order to get the root of their issues. By the end of the process, this enables everyone to

put their differences aside and focus on what is truly important: loved ones that need care.

Debra first considers the immediate well-being of her clients. Her goal is to reduce the

stress, anxiety and uncertainty faced by clients and their loved ones. She knows that

planning for incapacity and death are not things people want to talk about. She knows that

planning needs to be done to help ensure that one’s wishes are met before they become

unable to express their wishes independently. She is able to help families in crisis

situations or facing changes brought on by illness, age, or disability that need more than

legal advice.

For more information or to speak to Debra about Elder and Family mediation, contact her at 314.991.2602 or by email at lod@dschuster.com. Share this eBook: