Amanda Molomby
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This document discusses elder mediation and provides information about what elder mediation involves. It addresses common issues that elder mediation can help with such as health, financial, and family disputes involving elders. The document also examines the differences between elder mediation and family mediation. It provides a case study of elder mediation and reflects on the benefits of elder mediation, encouraging the reader to learn more about elder mediation through additional resources.
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Amanda Molomby
- 1. Getting to Yes in Elder Mediation
- 2. Who are our Elders
- 4. What I Can’t See or Hear won’t Affect Me
- 5. Family Mediation Children’s Matters Property Issues
- 6. Elder Mediation Driving Health Issues Financial Divorce/ Remarriage Age care facility disputes Neighborhood disputes Sibling disputes Accommodation Visitation
- 7. Elder Mediation Family Mediation What’s the difference?
- 8. The Dichotomy in Elder Mediation
- 9. What Training Does an Elder Mediator Need?
- 10. Margaret’s Story
- 12. The Decision Process •Evaluate •Criticize- appoint a devil’s advocate •Improve •Uncertainties and trade-offs
- 13. The Decision Process •-Whole Heartedly agree •Good idea •Supportive •Reservations- would like to talk •Serious Concerns •Cannot be part of the decision •-Whole Heartedly agree •Good idea •Supportive •Reservations- would like to talk •Serious Concerns •Cannot be part of the decision
- 14. Reflections What did you find about this activity? What did you learn? What more do you think you need to learn about Elder Mediation?
- 15. The Benefits of Elder Mediation
- 16. •Do you want to find out more about Elder Mediation? •Do Elder Mediation Training? Please go to my website (Consensus.net.au) and read the articles that I have written on Ageing and Elder Mediation and leave your email details Where to from here
- 17. Thank You Amanda Molomby Mediator, Elder Mediation Trainer and Conflict Coach amanda@consensus.net.au
- 18. Thank You
Editor's Notes
- We all have a view of who are elders are. For some people an older person is someone like this lady. Requiring a walking frame, a wheel chair or a scooter to just around and needing the assistance of others to carry our normal daily living activities. in this photo-some in a retirement home or care facility or elderly person who nearly skittled you with their fire engine red buggy. I would like to challenge that view.
- Sandra Sarandon and Richard Branson Why ? Because they are both over 65 years The Department of Social Security deems that when a person reaches 65 they are an elder except if you are an aborigine then it is 50 years.
- Only recently that politicians and economists have raised concerns about the ageing population as the baby boomers move to retirement The bureau of statistic estimates that currently people over the age of 65 make up 14.7 % of the population and that by 2030 they will comprise 22% and quarter of the population in 2050. More people will reach a hundred years . Let So what will that mean to you. As a group of Family lawyers you might be asked to provide legal advise to your former family clients who could to you because you’re a specialist family lawyer to help them because they are fighting with their siblings over an ageing issue or they may now be elderly themselves and want advice enduring power of attorneys or advanced heath directives. That’s what lead me to be an elder mediator. I will take you back to 2008 when I was asked by an adult sibling to mediate between her and her brothers and sisters. Tell my story, the no of mediations that I have done, my training and training.
- Issues that come to elder mediation: Driving Health Issues physical, mental health, and emotional decline Medical treatment End of life decisions Accommodation ( residential or community)
- Relationships Entry fresh hold Mediation issues Parties Agreements
- The elder desire is to retain their autonomy. If an Elder develops dementia they can become paranoid and can see any offers of help by the family as a threat. On the other hand adult children’s priority is to ensure their parent is safe. The mediator’s primary role is to ensure that the, values and wishes of the elder are included in the mediation. Self, representative- if family ensure that wishes expressed are those of the elder and not the family member.
- This is the elder mediation training that I developed with Elder Decisions which is based international elder mediation training from the USA (ACR and the Bar Association) and the Elder mediation International Network The training includes topics such as Characteristics – Effects of Ageing Elder Abuse and Vulnerability Power Dynamic Family & intergenerational dynamics Decision making Capacity 2. Elder Mediation Process 6 step Elder Mediation Model- Initial Contact, Intake & Screening, Preparation for Family Meeting, Debrief, reflection and supervision, Follow up meeting Accommodations Multiparty 3 Aged Care Resources- Community Care, Residential Care, Social Security, Health and Disability 4 Elder Law- EPO, Advanced Health Directives, Residential Act 5 Age Discrimination 6 Ethics- I provide a framework to assist elder mediators resolve an ethical issue one arises. 7 Role-plays, exercises
- Margaret has always been a very independent person. She shouldered the responsibilities of raising the children and managing the household including paying all the bills whilst her husband John worked the farm. When John suffered a stroke, she took over managing the farm. Margaret has recently had a stroke and the rehab unit has said that she can not return home. She has had a ACAT assessment and she is entitled to a transition package Margaret has 3 children Bill, Judith, Susan Bill lives in the same town as Margaret Margaret appointed Judith as her attorney under her EPO however, she lives a five hour drive away Susan, Margaret’s eldest daughter lives interstate Margaret has expressed to Bill and Judith that she does not want to go into care at the age care facility in town. In fact, she has told the family that they should take care of her. As a young woman she had cared for each of her parents and parents-in-law and that now that she is old she believes that one of her family should look after her in their home. But she does not want to live with Bill.
- After two hours the family identified 4 choices Margaret is moved into The care facility in Meadow field Yamaroo, a residential facility in the next town Moves to the city near Judith After using the decision model Bill the choice is Yamaroo. Susan is supportive but she wants to hear what Judith has to say
- If families are not able to resolve their issues then the only avenue available in Queensland is QCAT The threshold requirement is that the elder person is unable to care for themselves and they do not have anyone else about to care for them. Unlike Victoria and South Australia Queensland does not do mediations in QCAT relating to elderly issues Elder mediation was developed in the USA in 1990 by the court system to help deal with the growing number of applications for conservatorship orders; where the court appoints a guardian and protector appointed by a judge to protect and manage the financial affairs and/or the person's daily life due to physical or mental limitations or old age where the family could not resolve their differences. The benefits of Elder mediation can help the family to resolve their issues. Elder mediation also allows an Elder with dementia to participate and to express their views and values. It allows an elder to retain as much autonomy as they can about their daily life. It reserves relationships within the family these being important because usually there will be other mediations in the future to discuss transition in to a residential facility where the elder remains in their own home with community support, where decisions need to be made about end of life decisions and funeral decisions.