Taking Elder Care Disputes Out of Court, Elder Law Attorney, Woodstock, GA

When families disagree about how to care for an elderly relative they often have to go to court to resolve the disputes, which can take a long time. Ontario is considering changing this by taking the cases out of the court system.

Even when everything has been planned beforehand and an elderly person has a general durable power of attorney and a health care power of attorney, their families often argue about the best way to care for an incapacitated elderly person. For example, siblings might disagree about the best care for their parents.

In many instances, these disputes cannot be resolved except by going to court and asking a judge to make a ruling. That can be less than ideal. The court system is burdened and it can take a long time to resolve even a minor case that is not considered an emergency.

The Toronto Star reports that the Canadian province of Ontario is considering changing how it handles these disputes in “Elder-care disputes may be moved out of courts.”

The idea is to move the disputes out of the court system and have them heard by an already existing administrative board. This board already hears cases regarding whether an elderly person is mentally incapacitated, so disputes about care would seem like a natural fit.

Instead of a long court process, the board must hear cases within seven days of the cases being filed.

While the proposal would certainly resolve disputes more quickly, there are some potential drawbacks.

Parties before the board are normally not represented by attorneys. A quick turn-around time to resolve the disputes might not leave enough time for investigation and to prepare a proper case.

However, if this proposal becomes law, it is certain to be watched closely in other jurisdictions to see if it works out.

Reference: Toronto Star (Jan. 11, 2016) “Elder-care disputes may be moved out of courts.”

Hear From Our Clients

“On the threshold of retirement, we finally decided to quit thinking we could self-prepare the requisite documents. We had previously had only a very simple will. We needed the necessary legal (including updated will) & health care docs but didn’t want to deal with the time & complication of legalese. Cindy made the process relatively painless. She took the time to explain and answer questions without trying to upsell services. We were done in 2 meetings plus the reading of emailed drafts. In addition to preparing the documents, Nelson Eldercare will be there when our adult children need advice on executing the plans we’ve put in place.So glad it’s behind us and would recommend Cindy and her helpful staff.”

- Bonnie

Cindy and her company treat their clients like family. Nelson’s offers clear, direct, and honest guidance in planning for your families security and future. No one wants to actively sit down and make these decisions, but Nelson’s makes this process seamless. I was so impressed with their willingness to answer all questions big or small. So glad I made the decision have them help my mom and dad and now me. You can’t go wrong with Nelson’s Elder Care Law.

- Hope

The very best elder law attorney and staff anyone could ever ask for! I have referred a number of clients to Cindy and she never disappoints. She is kind, caring, and extremely thorough in making sure everything is completed as it should be. I highly recommend Cindy for anyone needing lawyer services; she truly goes above and beyond for every client she helps and has had a huge impact in so many peoples’ lives. Thank you, Cindy and staff, for everything that you do- I’m so glad to know you!

- Kerri

I heard Cindy’s presentation at a Senior Luncheon at my church, and was very impressed. She helped my daughter and me understand many aspects of elder law. Josh has also been very helpful in my planning to enter an independent living situation . I have told many friends about them.

- Charlotte

Cindy and the Nelson Elder Care Law team are trustworthy and helpful. They are the experts in elder care law. At Leaf Cremation, we entrust our families to the care of the Nelson team when their services are needed.

- Pierce