Elder Law Attorneys in Melbourne Florida: What is Mediation?

Ruth C. Rhodes • March 31, 2023

Did you know that Florida has the highest percentage of senior citizens in the US? This may not surprise you, and it also may not surprise you that this population has unique needs.

As we age, it's important to consider our future and plan accordingly. This includes thinking about end-of-life care, estate planning, and other legal matters that may arise as we get older.

That's where elder law attorneys in Melbourne, FL, come in - they can provide guidance on navigating these complex issues. One tool that is often used in elder law is mediation - but what exactly does it mean?

Keep reading, and we'll dive into the world of mediation and how it can benefit seniors and their families.

What Is Mediation?

Mediation is a process in which the parties to a dispute meet with a neutral third party, the mediator. There they discuss their differences and try to reach a resolution. The mediator does not make decisions for the parties or impose a settlement, but rather assists them in reaching their own agreement.

The mediation process is confidential and voluntary. Parties may choose to mediate because they want to avoid the time and expense of litigation, or because they want to maintain control over the outcome of their dispute. Mediation can take place at any stage of a dispute, even after it has been filed in court.

Where Does Mediation Occur?

Mediation is typically conducted in an informal setting, without the need for attorneys or other advocates. The parties themselves determine what level of participation their attorneys will have in the mediation.

In some cases, attorneys may choose to be present only to advise their clients. In others, they may actively participate in the negotiation process.

How Long Does Mediation Take?

The length of mediation varies. The amount of time it takes depends on a couple of things:

The complexity of the issues involved

2. The willingness of the parties to reach an agreement

Most mediations last several hours or days; some may take weeks or months.

When Do You Need Mediation in Elder Law?

Mediation is often used in elder law to help resolve disagreements between family members about the care of an elderly loved one. It can also be used to resolve disputes between an elderly person and their care provider, or between an elderly person and a financial institution.

Mediation can be helpful in elder law situations because it allows all parties to openly express their concerns and needs, and to work together to find a solution that meets everyone's needs. Mediation is confidential, which means that anything said during mediation cannot be used later in court.

If you are considering using mediation to resolve an elder law issue, you should contact an experienced elder law attorney who can help you understand the mediation process and ensure that your rights are protected.

Find the Right Elder Law Attorneys in Melbourne, FL

Elder law attorneys in Melbourne, FL, can help you navigate the process of mediation if you ever find yourself needing to settle a dispute. Mediation is an effective and efficient way for parties to reach mutually agreeable solutions without the time and expense of going through a court system.

Are you looking for an elder law attorney that can help? Contact us today for more information on how we can help.

< Older Post Newer Post >

What does one do if a loved one has passed with no will or trust?

June 16, 2025

When a family member passes away without a will or trust (called dying intestate ), their estate is distributed according to the laws of the state they lived in. Here's a general step-by-step guide on what to do: 1. Get a Legal Pronouncement of Death: If it hasn’t been done already (e.g., at a hospital), a medical professional must pronounce the death legally. You’ll need this to obtain a death certificate. 2. Obtain Death Certificates: You'll need multiple certified copies (10–15 is common) for banks, insurance, property titles, etc. These are issued by your local vital records office or funeral home. 3. Determine the Estate's Executor or Administrator: If there’s no will, the probate court will appoint an administrator (usually the next of kin). You can petition the court to become the administrator if you're a close family member. 4. File for Probate - Probate is the legal process of settling the estate: Go to the probate court in the county where the deceased lived. File a petition for probate without a will . The court will appoint an estate administrator and officially open probate. 5. Notify Heirs and Creditors Send formal notice to all potential heirs and beneficiaries. 6. Identify and Inventory Assets - This includes: Bank accounts Real estate Vehicles Retirement accounts Personal belongings Some assets may pass outside probate if they have named beneficiaries (like life insurance or POD accounts). 7. Pay Debts and Taxes Use estate funds to pay valid debts and taxes. File the deceased’s final tax return . 8. Distribute the Remaining Assets: Once debts and taxes are settled: The court will distribute assets according to state intestacy laws , usually prioritizing: Spouse and children Parents and siblings More distant relatives if no close family 9. Close the Estate: After all duties are fulfilled, submit a final accounting to the court. If approved, the estate can be officially closed. Consider Talking to a Probate Attorney: Especially if: The estate is large or complex There’s family conflict You need help with legal paperwork Book your consultation with Ruth C. Rhodes of Rhodes Law, P.A. and let Ruth share her knowledge and experience in helping you with planning to meet your individual and family needs. With a commitment to excellence in Elder Law, she stands ready to assist clients at every stage of life, ensuring their rights and wishes are fully protected. So, call us at (321) 610-4542 and schedule your consultation today!

Medicare and Medicaid...What's The Difference?

May 9, 2025

Medicare and Medicaid are both government-run health insurance programs in the U.S., but they serve different groups and are funded differently: Medicare - Who it's for: Primarily for people 65 and older, and some younger people with disabilities or end-stage renal disease. - Funded by : Federal government , through payroll taxes, premiums, and general revenue. - Coverage : Includes hospital care (Part A), medical services (Part B), and optional prescription drug coverage (Part D). Private Medicare Advantage plans (Part C) are also available. Medicaid Who it's for : People of any age with low income , including children, pregnant women, elderly adults, and people with disabilities. Funded by : Jointly by federal and state governments. States run their own programs with federal guidelines. Coverage : Broader than Medicare in many cases, often including things like long-term care, dental, and vision services. In short: Medicare = Age-based or disability-based, federal program. Medicaid = Income-based, state and federal program. Medicaid is usually low-cost or free , but costs can vary depending on your state, income, and the type of services you use. Here's a general breakdown: For Most People No monthly premiums Very low or no copays No deductibles In Some States Higher-income enrollees (still within Medicaid limits) may have: Modest monthly premiums (typically under $50) Small copays (often $1–$4 per visit or prescriptions For Long-Term Care (like nursing homes) Medicaid may require you to spend down assets or contribute most of your monthly income toward your care, depending on your financial situation. Special Programs: Children (CHIP or Medicaid) : Often completely free. Pregnant women and people with disabilities : Usually receive coverage with little to no cost. Engaging in Medicaid planning well in advance can significantly enhance peace of mind for individuals and their families, ensuring they make informed decisions that align with their long-term goals. Legal and financial advice may be needed to effectively manage an individual’s estate. Creating trusts, gifting assets, or employing spend-down strategies are often utilized to align with Medicaid’s requirements. At Rhodes Law, P.A. , Ruth will advise you how to qualify, obtain and maintain Medicaid benefits. Call our office at (321) 610-4542 and schedule your consultation today!

Is It Neccessary to Have Both a Will and Trust?

April 30, 2025

If you have just a will and no trust , your estate can still be passed on according to your wishes—but there are some limitations and consequences you should understand: What Happens with Just a Will: Probate Is Required A will must go through probate , which is a court-supervised process of validating your will, paying debts, and distributing assets. Probate can: Take months or even years. Be expensive (court fees, attorney fees). Be public (anyone can view the will and estate details). 2. Court Control Over Distribution The probate court oversees how and when your assets are distributed. This means less privacy and flexibility. 3. No Ongoing Asset Management A will only takes effect after your death . It doesn’t help manage your assets if you become incapacitated. A trust, on the other hand, can provide for you during incapacity without needing a court-appointed guardian or conservator. 4. Less Control Over Complex Distributions If you want to delay inheritance (e.g., give children money at age 25 instead of 18) or provide ongoing support (e.g., for a special needs child), a trust is better suited. A will can't manage distributions over time—it just transfers ownership. 5. Tax and Asset Protection Limitations A will doesn't offer any real protection against estate taxes, creditors, or lawsuits. Certain types of trusts can. When a Will Might Be Enough: You have a very simple estate . Your total assets are below your state’s probate threshold . You have no minor children and no complex distribution needs. You’re okay with the probate process and your wishes are relatively straightforward. So, yes, even if you have a trust, you should also have a will . A trust and a will serve different but complementary purposes in estate planning. Think of the trust as the main tool for managing and distributing your assets, but the will as a safety net to ensure everything is covered. Rhodes Law, P.A. offers a comprehensive range of professional estate planning services that include wills, trusts, durable powers of attorney, designation of healthcare surrogates, living wills and more. Give our helpful estate planning professionals a call today at (321) 610-4542 to book a free consultation!