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Emotional reactions to the thought of end-of-life decisions prevent many people from planning for their future health needs; nevertheless, it is vital to stress to your clients that “planning now for your future health care is one of...

The issue of capacity is a critical threshold issue in the elder mediation process. The legal standard for determining “capacity” varies, depending upon the transaction in issue. For example, testamentary capacity (the capacity to make a valid will),...

John M. Haynes, one of the founders of modern mediation practice, postulated basic tenets of mediation which are useful to recall when mediating a difficult case: The mediator is the manager of the participants’ negotiations. The participants control...

Earlier this week I was a participant on a panel held at the New Jersey State Bar Association’s Annual Meeting in Atlantic City, NJ. The other panelists were Linda Ershow-Levenberg, Esq. and Brenda McElnea, Esq., both formerly Chairs...

It is not uncommon for an elderly or disabled person to entrust his or her finances to a third party. For example, an elder may execute a power of attorney as a simple estate planning tool in order...