The courtroom is usually not the ideal place for the resolution of these issues. Families need an opportunity to confront the issues and attempt to work through them so that they can be at peace with deciding who will be mom's caretaker, or where dad will live, or how to split up the 300 acres of farm land they all inherited together.
The Polk County probate court has gotten approval from the Iowa Supreme Court for a three-year pilot program to establish a mediation program for estate disputes, trust disputes, and guardianship and conservatorship disputes for both adults and minors. The Judge in Polk County has the discretion to refer cases to mediation when he thinks it will be beneficial, but the parties in these types of cases can voluntarily enlist the services of a mediator statewide. A mediator can broker an agreement as a neutral party, and even help you find the resources you and an aging relative need to make everyone happier and keep everyone safe.
If you are facing an elder law or probate issue and want to keep it out of Court if possible, contact our firm to ask how we may be of assistance. Mediation puts the solution-making in your hands, and much of the time people walk away a lot more at peace with the outcome than if a judge makes the determination for you.
This up and coming area of mediation is yet another arrow in our quiver to help you resolve your matters favorably, affordably, and quickly. Put us to work for you!