Legal Question in Family Law in California
Do we need a conservatorship or a mediator?
My sister is in a sub-acute care facility in California. Her children and siblings live in another state. She is paralized from her eyes down and on life support. Medicare pays for the facility. Her husband wants a divorce so he can ''move on''. He has suggested using a ''mediator'' to represent both sides. Is this a good idea? Should we consider a conservatorship since we live in another state? If so, how do we proceed?
2 Answers from Attorneys
Re: Do we need a conservatorship or a mediator?
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Hi,
I am deeply sorry to learn of your sister�s situation. A conservatorship is a probably necessary and mediation is often a great way to avoid needless litigation. However, your instincts are correct. You cannot trust the impartiality of an unknown �mediator� selected by your sister�s husband. Moreover, it is impossible for any �mediator� to overcome the inherent conflicts of interest in this case. Your sister needs an independent lawyer to protect her rights. My law firm can handle this matter if you wish. Call us at (415)364-1604.
Good luck and God Bless,
Russ Martin
MARTIN & McPHERSON
Attorneys at Law
(415)364-1604
Re: Do we need a conservatorship or a mediator?
It would appear that your sister is not be able to make decisions. A conservator or guardian would be required to make these decisions for her. Regardless of how fair the mediator maybe it is not possible to mediate when one party is not competent.