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Elder Care & Estate Case Studies

Successful Mediated Conservatorship & Estate Dispute Agreements

We recently had a request for examples of agreements reached in mediations. We thought that other readers might appreciate reviewing a sampling of agreements. Some of these scenarios are composites of multiple cases or simplified versions of actual cases. Many also include a clause agreeing to return to mediation if new disputes arise.

            Disputes About Who Will Be Conservator

Case A: Financial (Among Adult Children) One sibling will be conservator of estate. She agrees to consult with an estate planning attorney and a financial advisor concerning management and investment of the estate and to work under their guidance. The other siblings are invited to attend those consultation meetings. She also agrees to notify the other siblings at least two weeks in advance of any non-emergency expenditures of $5000 or more.

Case B: Financial & Personal (Among Adult Children) One sibling agrees to be conservator of the estate; two others become co-conservators of the person. One of the latter will move in with the mother. The conservator of the estate agrees to maintain a checking account for use of the caretaker for everyday expenses and to replenish it each month so that there is $1000 in it at the beginning of each month. The conservator of the estate will pay for regular bills, such as taxes, utilities, and scheduled respite care. Accountings as required by the court will be maintained.

Case C: Financial & Personal (Between Companion & son) Parties agree that the girlfriend will be conservator. They agree on a nursing home for the respondent. Both parties may visit the respondent and take him out on visits when he is physically able. The conservator will put any of the respondent's income that is not needed for daily expenses into a specific bank account.

            Disputes Between Petitioner & Respondent (At time of Initial Petition)

Case A: Hospital Discharge Situation A family member and respondent agree to arrange 24 hour in-home care for the first two days at home, and a regular schedule of daily in-home care for two weeks thereafter, with the assistance of the discharge planner. The respondent agrees to use a "lifeline' service, with a push button to call emergency assistance if needed. The conservatorship petition is dropped.

Case B: Financial & Future Medical Concerns The respondent agrees to sign a power of attorney for specific limited immediate financial purposes to the petitioner. The respondent agrees to sign a medical power of attorney granting the petitioner rights to make future medical decisions in the event she is unable to make decisions at any time. The petitioner agrees to dismiss the conservatorship petition.

Case C: Discharge & Living Arrangement: The parties agree that the petitioner will become conservator. They also agree that the conservator will consult with the respondent's regular doctor. Once the doctor says the respondent may go home, the conservator will make arrangements for him to do so. They both agree that the goal will be for the respondent to return to his own home as soon as possible, and that the conservator will arrange necessary assistance as soon as the doctor says the respondent is ready.

Case D: Finances: The three siblings will each help their mother for one month at a time, on a rotating basis, to pay bills. The mother will write and sign the checks, and the family members will oversee to assure all bills are paid, calculations are correct, etc. The mother agrees not to give away or lend any money in the next six months, except for regular gifts to her church. The petitioner agrees to adjourn the conservatorship petition for six months. If at the end of that time things are going well, the petition will be dismissed. This agreement will not be filed with the court.

        Examples of Estate Dispute Agreements


Case A: Financial: The three siblings in a low-value estate under $100,000 wanted certain family pictures and oil paintings by the the deceased mother.  One sibling was the trustee and used her position to take want she wanted over the other two siblings.  This in turn caused a dispute over the accounting and the first siblings continuing to act as the sole, successor trustee for the living trust. After mediation, the siblings agreed to an equitable division of the property with high emotional value.  The objection to the accounting was removed and the trust estate settled without further delay.

Case B: Financial (Among Adult Children) One sibling will be the successor trustee of the estate following the incompetency of a parent trustor. She agrees to consult with an estate planning attorney and a financial advisor concerning management and investment of the trust estate and to work under their guidance. The other siblings are invited to attend those consultation meetings. She also agrees to notify the other siblings at least two weeks in advance of any non-emergency expenditures of $4,000 or more.
 
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