Family Mediation & Interventions

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Must I Take Care of a Parent That Did not Take Care of Me?

Elderly Woman

The answer is, perhaps.  Under the law, if you have been taking care of your parent or have promised to take care of your parent you are legally required to continue giving your best effort.

Under the California Family Code you cannot leave a helpless, indigent parent home alone. Specifically, the code states that: “Except as otherwise provided by law, an adult child shall, to the extent of his or her ability, support a parent who is in need and unable to maintain himself or herself by work.” Family Code, Section 4400.

Family Code Section 4403 enables the parent or the county to bring an action to enforce the duty of support and recover attorneys’ fees for pursing that action.

Additionally, a criminal action could ensue. California Penal Code, states that it is a misdemeanor to fail to provide necessary food, clothing, shelter, or medical attendance for an indigent parent. (Section 270c).

There are exceptions to these rules. First, if your parent abandoned you for at least two years when you were a child, you may not be required to care for that parent now. Nor would you be liable for supporting your parent if he/she is receiving certain governmental aid. (WIC § 12350)

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Video: Why Call A Geriatric Care Manager

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Episode #001 – Professor Rose, relays the struggle he had with balancing work and the obligation he felt to care for his step father.

For the complete Mike Rose Series, click here.

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Grumpy Old Man And Me!

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What a grumpy man….I just met with an 88 year old man who used profanity that even I, the queen of naughty language, never heard. Maybe he was making some of  the words up. Or, maybe they were bad words at the turn of the 20th century. If I sound rough, it is only because I had to smile as he berated me to a pulp. Actually, I understand why he was a grouch; once fiercely independent he was now being told that his right to drive was being rescinded.

They say that your personality gets magnified when you get older. So, if you are a very pleasant and reserved person in your youth and adult years, you will be extremely reserved and perhaps even an outright recluse as an older adult.

It stands to reason than the opposite is true. If you were prone to angry outbursts and lacked the ability to hold your tongue, when you get old the people around you should either take cover or grow a thick skin in a Darwinesque “Survival of the Species” way.

Failure to do so will result in withdrawal from your loved one’s life at a time when they most need you or when you have a limited opportunity to find joy in between the lines. It will never get better than it is in the present;  your parent no longer has the ability to adapt to your emotional needs, and maybe they never did.

When I was at an American Society on Aging Conference, there was a session entitled “How to take care of a parent who didn’t care for you.” If I tell you the room was packed that would be an understatement.

I knew why I was there, but it just could not be possible that all of those professionals had the same struggles as me. Actually, they did and more…there were tales of not just verbal abuse (the type that I endured) but physical and sexual abuse as well.

There was a story of how one police department called a daughter who was sexually abused by her mother and stepfather as a child and told her that if she did not come and take care of her mother, she would be arrested for neglect and abuse.

That was a lie, you have no legal obligation to care for a sick parent. Any obligation that we have is self imposed by religious beliefs, our culture,  or pure love.

Maybe you are just a good person. And what does that mean? When you get old your attributes will be enhanced and you will be a truly GREAT PERSON!

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When The Call Comes From The Elder….

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The other day something unusual happened. I received a call from an 88 year old woman who needed my advice about her daughter in law’s pushy (for lack of a better word) behavior.

Fearing that she would be institutionalized against her will, she wanted to know what her rights were. When I got to the woman’s house, she and her middle aged care-giver, greeted me with a warm smile and a welcoming gesture.

As she spoke of her daughter barging in, her eyes began to tear. The daughter, the wife of a son who passed away in his twenties, had begun a campaign to rid the home of the caretaker and the cat that the caretaker brought in and to place my client into some form of assisted living.

The daughter had even gone to a doctor’s visit where she made not so subtle illusions to the house being in a state of filth and disarray and run over by pets.

Concerned, the doctor had a social worker come to the home. The social worker reported that the house and living conditions were in perfect order.

Later that day, the grandson barged into the home and removed the cat that my client had come to love, insisting that my client had allergies and that she simply forgot about them.

My client was afraid that she would be snatched and institutionalized when she went to put her garbage out. Was this a paranoid delusion? Was the care giver up to no good?

Or, was this a case of elder abuse?

My findings were that my client’s mental capacity was very much in tact. Furthermore, she was very happy with her caretaker and wanted a pet. I spoke with my client’s doctor who agreed.

To this day, I do not know what her daughter in law’s motive was. Although she was in the will, placement of my client into an institutionalized setting would deplete her inheritance. My suggestion was two fold.

First, I could have the family participate in a family mediation to have everybody’s concerns aired and my client could assert her right to independence and autonomy, she could make her 80 year old sister a proxy under a durable power of attorney for health care or she could voluntarily submit to a conservatorship over herself. Short of that, she could get a restraining order.

That seemed a bit extreme. When I followed up with her she told me that she suggested to her daughter in law a cooling off time. They will meet in a couple of weeks to smooth things over with or without my mediation.

Empowered by two professionals assessment that she is not incompetent, I suspect that my client will now be in a position to assert her boundaries that she created over 88 years on this planet.

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