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Many times, when family members cannot come to an agreement regarding guardianship involving a parent, a sibling, a child, or another relative, they think the only solution is to choose up sides, hire an attorney, and go to court. That’s not true.  Mediation is a good vehicle for resolving guardianship issues.

Sometimes the problem is deciding who will be the guardian of the incompetent or underage person. Sometimes the issue is who will handle financial issues for the ward or  who will make the day-to-day decisions about living arrangements, health care, or similar matters. Sometimes there is a small corporation, partnership or other business entity whose interests have to be considered. The ward may have competency issues on a short-term basis but may be able to recover and resume normal life skills.

Mediation before litigation is filed regarding any of these issues can help sort out all these issues. Equally importantly, mediation can empower every family member, no matter what their perspective, without causing permanent injury to those relationships which are so critical to the well-being of the ward. It is also cost-effective.

Any agreement reached at mediation can be kept confidential among the family members, or can be filed with the court immediately (if there is a pending case),  or can be held as confidential unless court action is required.

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Nothing contained on this page should be construed as providing legal advice or creating an attorney-client relationship. All information herein is intended as educational only. For advice specific to your situation, please contact an attorney of your choice.