<?xml version="1.0" encoding="UTF-8"?>
<rss version="2.0"
	xmlns:content="http://purl.org/rss/1.0/modules/content/"
	xmlns:wfw="http://wellformedweb.org/CommentAPI/"
	xmlns:dc="http://purl.org/dc/elements/1.1/"
	xmlns:atom="http://www.w3.org/2005/Atom"
	xmlns:sy="http://purl.org/rss/1.0/modules/syndication/"
	xmlns:slash="http://purl.org/rss/1.0/modules/slash/"
	>

<channel>
	<title>The Complete Lawyer&#187; Family Issues Articles</title>
	<atom:link href="http://www.thecompletelawyer.com/topics/family-issues/feed" rel="self" type="application/rss+xml" />
	<link>http://www.thecompletelawyer.com</link>
	<description>The Complete Lawyer is the only website in the legal profession that focuses solely on the professionalism and quality of life and career issues that impact every lawyer’s success and satisfaction.  Our contributors are practicing lawyers, innovative authors, veteran coaches and consultants who provide daily tools and insights that help lawyers succeed in their careers and lives as a whole.</description>
	<lastBuildDate>Wed, 05 Aug 2009 19:52:25 +0000</lastBuildDate>
	<generator>http://wordpress.org/?v=abc</generator>
	<language>en</language>
	<sy:updatePeriod>hourly</sy:updatePeriod>
	<sy:updateFrequency>1</sy:updateFrequency>
			<item>
		<title>Don&#8217;t Resist The Rising Tide of Humanism</title>
		<link>http://www.thecompletelawyer.com/family-issues/dont-resist-the-rising-tide-of-humanism-545.html</link>
		<comments>http://www.thecompletelawyer.com/family-issues/dont-resist-the-rising-tide-of-humanism-545.html#comments</comments>
		<pubDate>Tue, 02 Dec 2008 20:59:06 +0000</pubDate>
		<dc:creator>Joe Shaub</dc:creator>
				<category><![CDATA[Family Issues]]></category>
		<category><![CDATA[Women In Law]]></category>

		<guid isPermaLink="false">http://70.32.89.234/?p=545</guid>
		<description><![CDATA[When it was over, I felt like Daniel having survived the lion’s den. It wasn’t what I had anticipated at all but in retrospect it makes perfect sense. After all, how are people supposed to react when you challenge their most fundamental assumptions?
Last month, I participated in an old fashioned debate at the annual conference [...]<p>Post from: <a href="http://www.thecompletelawyer.com">The Complete Lawyer</a></p>



No related posts.]]></description>
			<content:encoded><![CDATA[<p>When it was over, I felt like Daniel having survived the lion’s den. It wasn’t what I had anticipated at all but in retrospect it makes perfect sense. After all, how are people supposed to react when you challenge their most fundamental assumptions?</p>
<p>Last month, I participated in an old fashioned debate at the annual conference of the Washington State Bar Family Law Section between the proponents and opponents of collaborative law. As I assured the 200+ attendees, I am an unabashed supporter of this process, which essentially commits lawyers and parties to staying out of court. Yet I acknowledge that there are elements of collaborative law that would understandably give lawyers pause—like the agreement that both lawyers will withdraw if either party seeks relief from a judicial officer or the reliance on good faith and the voluntary exchange of all relevant information.</p>
<p>The lawyer speaking for the “cons” (no small irony in the term to me) is an extremely articulate and passionate believer in her own right. Her comments reminded me of political commercials which aim to isolate one sensitive, emotionally resonant point and then repeat it—over and over.</p>
<p>She depicted a horrifying scenario involving the choice not to go to court and get a restraining order against the alcoholic father who proceeds to ram his child-filled car into a wall, killing everyone. Despite the dubious authenticity of this kind of story, her audience gobbled it up so enthusiastically that they were just an eyelash away from intoning, “You tell it sister,” and “Amen to that.”</p>
<p>During the question period, everyone who spoke pointed out the weakness of the collaborative model. A number of people simply dismissed the approach. All the while, the voice inside my head was saying, “How very interesting. Why is the resistance to this approach to dispute resolution, one that certainly has its place on the ADR spectrum, so intense and emotional?”</p>
<p>Quick rewind to September of last year when I attended a symposium at Topeka’s Washburn University Law School on “Humanizing Legal Education.”  The keynote speaker was Larry Krieger, a pioneer and leader within the community of law educators. Self-effacing and witty, he provided us with very meaty material on the impact of law school on the well being of students. Yet I was later told that his preeminence is not recognized among the law faculty at Florida State where he teaches. The new AALS section on humanizing legal education, which he has championed, is still considered an upstart.</p>
<p><strong> We Need To Change Our Attitude Toward Change</strong></p>
<p>Whether in practice or in the academy, lawyers appear resistant to the idea of humanizing the institutions of law. Why would this be? We are all humans, after all. Even the resisters can acknowledge <em>in theory</em> that achieving balance between work and personal lives is a valid concern. Few can really dispute, as well, that the adversarial system of dispute resolution has caused us to devote an enormous amount of thought and creativity to thwarting the interests of others, without regard to the merit of their claims or universality of their needs.</p>
<p>What better time to address this question, since fundamentally what we are addressing is our attitude toward <em>change</em>—a very popular word these days. But change isn’t new. We lawyers have been buffeted by forces we can’t control for the past 250 years. Today, concepts that we consider cornerstones in the way we think about ourselves professionally—zealous advocacy, the billable hour, the Socratic case method of legal education and the brass ring of partnership—are showing cracks. Late 20th century values are eroding all around us: wills are outsourced to India; businesses are demanding tight auditing of fees and more flat fee arrangements; aging partners are cut loose if they can’t produce; many states, including Washington, are exploring the feasibility of having non-attorneys perform more legal tasks.</p>
<p><strong> Change Is Inevitable</strong></p>
<p>Other changes are coursing through the legal universe. Many are technical and entirely consistent with the way lawyers are comfortable thinking, like the evolution of intellectual property law. Others go right to the core of how we see ourselves in the world. These are the changes, I believe, that cause the discomfort (or even hostility) among those who seem resistant to making law more humane. The challenge to binary thinking—the concept that the “adversary” is a person or business with valid interests and concerns that need to be addressed—is a challenge to our professional orthodoxy. This shouldn’t be a surprise. Law as an institution is a quintessentially conservative force in society: it resists any change but the incremental and precedented. This is one way lawyers have historically protected society—by supplying a drag to rash revisionism.</p>
<p>Yet the tool many of us employ in the service of conservatism is an unfortunate cynicism. What better target for the professional cynic than humanism? It’s like a perfect storm—the studiously hardheaded vs. the hopeful-hearted. Now there’s a match that may be a wipeout in the courtroom or the conference room. It’s not a barrel of laughs in the conference ballroom either, I can tell you that!</p>
<p>Why are so many attorneys hostile to collaborative approaches to law? Some feel that adversarial lawyers truly believe they are protecting their clients. Others fear that the collaborative approach will lure clients away and impact their bottom line. Still others sensed that collaborative practitioners effect a “holier than thou” attitude. All these objections are valid, to a degree.</p>
<p>Yet I believe we are afraid of change—and that we cannot face the realization that a gathering force will impact all of us. The messengers of change will be the targets of fear. It’s an historical moment, and I was glad I had a front row seat to see how this conflict played out in the microcosm of a family law conference.</p>
<p>Post from: <a href="http://www.thecompletelawyer.com">The Complete Lawyer</a></p>


<p>No related posts.</p>]]></content:encoded>
			<wfw:commentRss>http://www.thecompletelawyer.com/family-issues/dont-resist-the-rising-tide-of-humanism-545.html/feed</wfw:commentRss>
		<slash:comments>0</slash:comments>
		</item>
		<item>
		<title>Is It Time For My Parents To Relocate?</title>
		<link>http://www.thecompletelawyer.com/family-issues/is-it-time-for-my-parents-to-relocate-543.html</link>
		<comments>http://www.thecompletelawyer.com/family-issues/is-it-time-for-my-parents-to-relocate-543.html#comments</comments>
		<pubDate>Tue, 02 Dec 2008 20:54:48 +0000</pubDate>
		<dc:creator>Connie White</dc:creator>
				<category><![CDATA[Family Issues]]></category>

		<guid isPermaLink="false">http://70.32.89.234/?p=543</guid>
		<description><![CDATA[If you’re thinking about whether your parents would be better off if they lived closer to you, your musings were probably triggered by something specific. You may have noticed during a recent visit that your parents were having a tough time getting around. One of them may have fallen and had to move to a [...]<p>Post from: <a href="http://www.thecompletelawyer.com">The Complete Lawyer</a></p>



No related posts.]]></description>
			<content:encoded><![CDATA[<p>If you’re thinking about whether your parents would be better off if they lived closer to you, your musings were probably triggered by something specific. You may have noticed during a recent visit that your parents were having a tough time getting around. One of them may have fallen and had to move to a rehabilitation facility.</p>
<p>If they lived nearby, would they be safer? Most likely, you could visit them more regularly, keep an eye on their finances, and respond more quickly in case of an emergency. Would this comfort them? Would it comfort you? Would it make your own life easier or more difficult?</p>
<p>Deciding what to do can be wrenching. You need to consider both practical issues—such as whether your parents have the financial assets to relocate, where they would move, and how much time you can devote to them once they are nearby—as well as emotional issues: what impact will moving have on them? What changes will it bring to your own family? You also have to answer the most salient question of all: Do they want to move? Is such a move in their best interest?</p>
<p><strong>Figure Out Finances</strong></p>
<p>Understanding your parents’ financial situation is extremely important and potentially difficult. You need to be aware of their assets and living expenses, as well as the market value of their home should they need to sell it. Housing costs for independent living and assisted living vary tremendously in different parts of the country: while $4,000 of disposable income may be more than sufficient to cover the cost of assisted living in one part of the country, that same income may not even meet the base rent of a comparable facility in the northeast or on the west coast.</p>
<p>The ideal time to consider long-term care is when parents are healthy and want to move closer to their children. In this best-case scenario, they will be able to finance their long-term care needs primarily from their assets and the proceeds from the sale of the family home. You have to think ahead and plan judiciously so that they don’t outlive their funds.</p>
<p><strong> Determine What Services Are Available</strong></p>
<p>The level of services for the elderly varies greatly from state to state. Too often, parents are surprised to discover that they have moved from a service-rich area to one that isn’t. However, if your parents currently reside in a very rural area, having them move to a metropolitan area could provide them with many more supportive services than they’re used to. If your parents are dependent upon subsidized services or eligible for Medicaid because of their income, you need to know whether they will still qualify for Medicaid in their new home. Research the availability of Medicaid beds in your state as well as the process for enrolling your parents in Medicare or a nursing home before moving them. The new state may require that you disenroll them from Medicaid in their current state before the new application can be processed, which could have devastating consequences if there is a two- to three-year wait list for an opening.</p>
<p><strong> Ask Yourself: What’s Best For Them?</strong></p>
<p>Before suggesting to your parents that they move to your area, do some soul-searching. Whether your parents plan on moving into your home or across town, try to anticipate what you will expect of yourself, your spouse and your children. What impact will the move have on your privacy and your parent’s privacy? What care will they expect you to provide? At what point will your parents need to transition to a facility? How often would you be able to visit them in this facility?  They may take it for granted, for example, that you’ll visit every day: after all, they’ve given up everything that’s familiar in order to move closer to you. They think they’ve made your life easier. Yet you know that you have the same schedule and responsibilities as you did before, only now the list includes caring for your parents. It’s important to try to view the situation from their perspective as well as your own.</p>
<p>Moves are stressful on everyone but they can be particularly stressful on older adults. Being aware of expectations and anticipating problems can make a difficult transition more successful.</p>
<p><strong> My Parents Don’t Want To Move—What Now?</strong></p>
<p>All of us make decisions we live to regret. We all have the right to make these misguided decisions and to live with the results—even our elderly parents (as long as they are still mentally competent). No matter how fervently we argue in favor of our parents’ relocation, they may refuse. We need to respect their thought processes and decisions. To continue to offer support and to simply be there if they need us is sometimes the best gift that we can give to our aging parents.</p>
<p>Post from: <a href="http://www.thecompletelawyer.com">The Complete Lawyer</a></p>


<p>No related posts.</p>]]></content:encoded>
			<wfw:commentRss>http://www.thecompletelawyer.com/family-issues/is-it-time-for-my-parents-to-relocate-543.html/feed</wfw:commentRss>
		<slash:comments>0</slash:comments>
		</item>
		<item>
		<title>Help Older Adults Combat Loneliness And Isolation</title>
		<link>http://www.thecompletelawyer.com/family-issues/help-older-adults-combat-loneliness-and-isolation-441.html</link>
		<comments>http://www.thecompletelawyer.com/family-issues/help-older-adults-combat-loneliness-and-isolation-441.html#comments</comments>
		<pubDate>Fri, 21 Nov 2008 20:19:05 +0000</pubDate>
		<dc:creator>Connie White</dc:creator>
				<category><![CDATA[Family Issues]]></category>

		<guid isPermaLink="false">http://70.32.89.234/?p=441</guid>
		<description><![CDATA[Loneliness and isolation often dramatically affect older adults. Debilitating illnesses, giving up the car keys and surviving the death of a spouse after a long-standing marriage all contribute to these feelings.
The less mobile older adults become—whether because of chronic or sudden illness—the more isolated they feel. Access to all the routines that helped them feel [...]<p>Post from: <a href="http://www.thecompletelawyer.com">The Complete Lawyer</a></p>



No related posts.]]></description>
			<content:encoded><![CDATA[<p>Loneliness and isolation often dramatically affect older adults. Debilitating illnesses, giving up the car keys and surviving the death of a spouse after a long-standing marriage all contribute to these feelings.</p>
<p>The less mobile older adults become—whether because of chronic or sudden illness—the more isolated they feel. Access to all the routines that helped them feel engaged becomes more limited: they find it harder to socialize, to go to the library or the grocery store, or to attend religious services. Without the stimulation of human company, older adults can shut down and become depressed.</p>
<p>Giving up driving, whether voluntarily or involuntarily, is especially isolating and difficult. It strips people of the independence they have enjoyed since the first day they got behind the wheel of a car. Most of us get frustrated when our car is in the shop for the day and we have to depend on someone to pick us up: we immediately think of at least ten places we need to go. Can you imagine what it feels like to suddenly realize that you can’t get in the car and run errands anymore? Without car keys, older adults can feel imprisoned—unless we begin to think of ways to help them.</p>
<p><strong> Suggest A Move</strong></p>
<p>You may want to suggest that your elderly relative move either closer to other family members or to an independent living facility where she can enjoy activities and social events, or perhaps to an assisted living facility. Most likely, the older adult needs the equity from his or her home to finance long-term care. The current housing crunch we are experiencing may well impact your decision as to whether such a move is advisable.</p>
<p><strong> Pets Can Help</strong></p>
<p>Pets can become wonderful companions for older people. Animals have amazing healing powers; they are soothing and comforting. Caring for a pet makes us feel wanted. Many seniors love to experience the closeness of a pet that responds so positively to human touch.</p>
<p>This solution isn’t for everyone, and many factors need to be taken into account, including the type of pet best suited for the individual, and having back-up care for the pet if its owner becomes ill or goes out of town. Some organizations cater to older pet owners, helping them pay for the cost of keeping the animal current with vaccinations and vet visits.</p>
<p><strong> Consider A Companion</strong></p>
<p>It may be financially and emotionally beneficial to have someone move in with your older relative. Some non-profit organizations dedicated to community service sponsor programs that match older adults looking for companionship with those who need a home. College undergraduates and graduate students may also be looking for quiet places to live. Normally, the person moving into the home does not have any responsibility to take care of the older adult, but relationships often develop based upon trust and comfort levels. The monthly rent can help financially, and having another person in the house can help older adults feel less isolated. Of course the renter needs to be thoroughly vetted, but the rewards can be manifold.</p>
<p><strong>Encourage Older Adults To Volunteer And Join Programs</strong></p>
<p>Many volunteer programs welcome older adults. Seniors appreciate feeling responsible to others; they experience themselves as engaged and productive. <a href="http://www.seniorcorps.gov/">RSVP</a>, a national volunteer network for adults aged 55 and over, offers a full range of opportunities. Any local United Way office also offers a multitude of volunteer opportunities through the agencies they support.</p>
<p>Willing seniors can attend an array of social programs. Many local and non-profit organizations often sponsor a wide range of classes—from tai chi to crafts to swimming—all of which stimulate older adults. Contact your local <a href="http://www.eldercare.gov/">Area Agency on Aging </a>to find the social and recreational programs nearest to your aging relative. Also consider senior centers: call your County Office on Aging to find nearby locations.</p>
<p>If the older adult in your life needs a more supportive environment during the day, consider an adult day program which offers a supervised, safe day-time environment. If you need supplemental help at night, contact a home healthcare agency to find an aide.</p>
<p><strong> Ensure Mobility</strong></p>
<p>Even if a senior can no longer drive, she can still feel as if she has the power to leave home when she wants to if you provide appropriate options. Research various transportation services, or enlist the aid of a neighbor or a member of her religious community who would like to earn some extra money as a driver. Some families establish relationships with a specific cab driver who becomes a “personal driver” for the older person.</p>
<p>By thinking creatively, you can help ease the isolation and loneliness that afflict so many older Americans. Although they may experience themselves as more dependent, they don’t have to necessarily feel more depressed. If we help them to keep their spirits up, we’ll feel better as well.</p>
<p>Post from: <a href="http://www.thecompletelawyer.com">The Complete Lawyer</a></p>


<p>No related posts.</p>]]></content:encoded>
			<wfw:commentRss>http://www.thecompletelawyer.com/family-issues/help-older-adults-combat-loneliness-and-isolation-441.html/feed</wfw:commentRss>
		<slash:comments>0</slash:comments>
		</item>
		<item>
		<title>Divorce: A Savage Emotional Journey</title>
		<link>http://www.thecompletelawyer.com/family-issues/divorce-a-savage-emotional-journey-3583.html</link>
		<comments>http://www.thecompletelawyer.com/family-issues/divorce-a-savage-emotional-journey-3583.html#comments</comments>
		<pubDate>Wed, 05 Nov 2008 20:44:54 +0000</pubDate>
		<dc:creator>Joe Shaub</dc:creator>
				<category><![CDATA[Family Issues]]></category>

		<guid isPermaLink="false">http://www.thecompletelawyer.com/?p=3583</guid>
		<description><![CDATA[Maybe you’ve just had another one of those fights you’ve had a million times before...or you may be sitting home alone wondering why your spouse hasn’t come home yet. Maybe sex hasn’t been good for a long time...or the spark has died and you know you can do better.<p>Post from: <a href="http://www.thecompletelawyer.com">The Complete Lawyer</a></p>



No related posts.]]></description>
			<content:encoded><![CDATA[<p>Maybe you’ve just had another one of those fights you’ve had a million times before&#8230;or you may be sitting home alone wondering why your spouse hasn’t come home yet. Maybe sex hasn’t been good for a long time&#8230;or the spark has died and you know you can do better.</p>
<p>There’s hardly a married person who hasn’t at some time entertained the notion of divorce. Heaven knows it’s easier to end a marriage now in our country than at any time. At the same time, more of us in the legal community are recognizing that the normal processes of litigation create armies of wrecked psyches and souls and depleted financial resources.</p>
<p>Divorce is about loss, heart-wrenching, seismic loss. People don’t think about this when they are contemplating the end of their marriages because staying in the marriage feels so intolerable. Yet time and again in my work as a divorce lawyer I see the ache of challenges that were never fully appreciated. In their seminal study in the early 1960s, Holmes and Rahe found that the only more stressful factor than divorce and separation was the death of a spouse or child.</p>
<p><strong>Even The Best-Intentioned Parents Feel Overwhelmed By The Consequences Of Divorce</strong></p>
<p>Ron, for example, was a hard worker and a good provider. He loved his kids—Amy, age 3 and Nolan, age 6—with all his heart, and worked hard to give them a good life. He also resented the fact that Nikki, his wife, spent so much time with the children, but that was the deal they’d made.</p>
<p>Because his own father was hardly ever home, Ron vowed that he wouldn’t be an absent dad—and he kept his word. He saw his kids every night when he got home and loved making breakfast for them on Saturday mornings. Yet he was constantly feeling pressure from work, and business challenges were often on his mind&#8230;as he drove home, while he ate dinner and even when he was giving Amy a bath. But even as the stress increased and he and Nikki grew more distant, his home and his family were his anchor.</p>
<p>When he and Nikki finally decided to separate, he moved out into a two-bedroom apartment not too far away so he could be close to his children. He saw them every other weekend and called them every weekday night to say good night—five precious though fleeting minutes. Even so, he soon found himself retreating from his children.</p>
<p>Judith Wallerstein and Joan Kelly, in their powerful and poignant study Surviving the Breakup, note that even the most involved fathers recede from their children’s lives after divorce. “How can that be?” we ask. Surely men who love their children would stay involved. Yet the loss of the day-to-day relationship and daily involvement can be shattering. For men like Ron, the notion of going to the house that was once theirs to pick up their children for a “visit” is mind-boggling. The time they spend with their children is always so short that they feel pressured to make the most of it. Many go overboard, lavishing expensive gifts and over-the-top activities on their kids, until their ex-wives complain that they are “Disneyland Dads.” Yet nothing they do allows them to regain the normalcy of daily intimacy. Good men, overwhelmed by a pain they cannot articulate, eventually close down.</p>
<p>For their part, divorced women often face terrifying financial stress and insecurity. Simply put, the income that used to sustain one family must now accommodate two. Economically dependent women who once agreed to give up their careers in return for tending to the kids and being supported by their husbands now pay a dark dividend for the deal they struck years ago.  The years they weren’t in the work force cannot easily or quickly be recaptured:  training and experience cannot be compressed into a month or even six months or more.</p>
<p>What strikes me as a divorce attorney is the many times people of good will come to me faced with challenges not even Solomon could untangle. In the face of incalculable loss, how do you decide who gets what? Who takes the children trick or treating on Halloween? What happens to the money they so faithfully saved for retirement which, when split in half, has radically diminished value? What about the house into which both invested their hearts and souls, and which now becomes a bartering chip amid other financial assets?</p>
<p><strong>There Are Ways To Ease The Pain</strong></p>
<p>Divorce became a no-fault institution in the 1970s—for good reason. The state was forcing people to remain married even when both partners wanted release. People were taking the witness stand and colluding with one another to create a picture of “mental cruelty” or “depravity” just to escape a moribund marriage. This charade proved an embarrassment. Now it is irrelevant who walked away. Marital vows are of no legal significance, so lawyers aren’t interested in who broke someone’s heart and dashed their hopes. Yet in life, it matters a great deal.</p>
<p>With divorce easier to obtain, there has been an urgent call to create an approach to soften the blows. Mediation arose out of this recognition. Now the collaborative law movement has taken up the challenge to create a “safe container” so that the family undergoing divorce can more smoothly transition to its new configuration while receiving compassion, emotional guidance and competent legal counsel. It’s the best we have to offer so far and when it works (which is often), it is “magical,” according to my colleague Holly Hohlbein, a Bellevue, WA, collaborative divorce attorney.</p>
<p>I had the mixed pleasure of acting as an arbitrator in a post-divorce matter this week. I read the submissions of the lawyers, each of whom acted as a surrogate for his or her client. Yet their arguments sounded circular, the kind that couples close to divorce fall into all the time. I thought to myself how sad it is that adversarial lawyers get involved in peoples’ lives when they are most wounded and least need to be attacked. This is just one more element of the injuries inflicted by divorce.</p>
<p>When a marriage is failing and good people are feeling pushed away from each other, divorce can feel like a release—even a balm—for an exhausted and battered spirit. I write this to remind us all that it is not that easy.  Anyway you slice it, divorce is a personal shipwreck.</p>
<p>The collaborative law movement is a valiant effort on the part of attorneys to help people survive divorce, which writer Abigail Trafford describes as “a savage emotional journey.” This movement should be honored and encouraged. Yet true healing after divorce is much more elusive than we would wish, the heartache much more raw than we anticipate, the loss much more visceral than we might imagine. How we lawyers struggle with all of this will mark the course of our profession and the kinds of people we are as individuals.</p>
<p>Post from: <a href="http://www.thecompletelawyer.com">The Complete Lawyer</a></p>


<p>No related posts.</p>]]></content:encoded>
			<wfw:commentRss>http://www.thecompletelawyer.com/family-issues/divorce-a-savage-emotional-journey-3583.html/feed</wfw:commentRss>
		<slash:comments>0</slash:comments>
		</item>
		<item>
		<title>Care For Your Aging Parents Proactively</title>
		<link>http://www.thecompletelawyer.com/family-issues/care-for-your-aging-parents-proactively-3310.html</link>
		<comments>http://www.thecompletelawyer.com/family-issues/care-for-your-aging-parents-proactively-3310.html#comments</comments>
		<pubDate>Sat, 26 Jul 2008 23:30:16 +0000</pubDate>
		<dc:creator>Connie White</dc:creator>
				<category><![CDATA[Family Issues]]></category>

		<guid isPermaLink="false">http://www.thecompletelawyer.com/?p=3310</guid>
		<description><![CDATA[As we become adults, our roles and responsibilities change as we enter the workforce, take on ownership of property, get married, and assume different job positions or career paths. For those of us who become parents, our role as caretakers of our children changes almost everything about the way we live.<p>Post from: <a href="http://www.thecompletelawyer.com">The Complete Lawyer</a></p>



No related posts.]]></description>
			<content:encoded><![CDATA[<p>As we become adults, our roles and responsibilities change as we enter the workforce, take on ownership of property, get married, and assume different job positions or career paths. For those of us who become parents, our role as caretakers of our children changes almost everything about the way we live.</p>
<p>When we take on these roles, we do so knowingly. We adjust to the necessary changes to fulfill our responsibilities. But when it comes to our parents’ growing older, it’s a different story.</p>
<p>When we’re young, we normally don’t anticipate having to take care of our parents. We think of them as independent adults who have raised children, paid mortgages, and dealt with difficult situations. We assume that they will continue to be able to take care of themselves. It often comes as a shock to realize that we need to begin to make decisions about our parents. This can happen during a holiday visit when we notice that their house is not as neat as it used to be, that they wear the same clothes every day during our visit, or that they are not quite sure what those 10 bottles of medication are for or when they must take them. These red flags show us that something is amiss and signal that we’ve entered into a new phase of life.</p>
<p><strong>Taking Care Of Parents Involves Coping With Many Issues At Once</strong></p>
<p>If parents live in a different state, we find ourselves in the awkward position of not really knowing what is happening to them every day. Even if they live close by, family and work obligations leave us with little time for continuous oversight. Several siblings may be involved—some more so than others—which can create tension. The transition from being the adult child to being the adult who needs to help parents make decisions leads us into uncharted territory.</p>
<p>It’s not easy when you have to ask parents about their income and expenses if they have always considered that information private. It’s even more difficult to help them become aware that they need some assistance when they don’t think they do. How do you bring up the subject that perhaps they should not drive or that they probably need to have someone come into the home to help them take a bath and clean their house? What do you do when your parents live 500 miles away and no family members are nearby? How do you start the conversation that the staff at the rehabilitation facility does not feel your parents are capable of taking care of themselves in their own home anymore?</p>
<p>On top of these are financial considerations. Where is the money going to come from to take care of your parents? What does Medicare pay for? What happens if they have to go on Medicaid? Can the state come after their money after they are dead? Should the paperwork for powers of attorney be taken care of while parents are perfectly healthy? All of these concerns are valid and they bring up hard-core issues that you need address. Where and how do you start?</p>
<p><strong>Start By Being Proactive </strong></p>
<p>Begin to learn about aging services before your parents or other relatives need them. Find out what is available where they live, get a good idea of what Medicare pays for, and have some discussions with your parents or relatives about your concerns. Find out about the different professionals in the aging field such as geriatric care managers and learn how they can help you.</p>
<p>You might find that your parents already have a plan or are willing to talk about what their wishes are. Rather than be driven by a crisis that requires instant decision-making, become educated on aging services and understand your parents’ hopes and financial constraints now so that you can make well-informed decisions and potentially avert a crisis later.</p>
<p>Part of the problem is that there is no single point of entry when it comes to learning about aging services. As parents, if we needed some form of daycare for our children, we knew we needed a child development center, a family daycare provider, or a nanny. When our children entered school, the sequence of grade school, middle school, high school, and then college was rather clear and obvious.</p>
<p>It’s different when it comes to our parents. Most of us have long been familiar with nursing homes and we see assisted-living facilities on many street corners. But the “other services” remain obscure and often have different names in different states or regions of the country. To compound the problem, our parents may have very different levels of needs. One parent may need some extra help at home, while the other—as a result of a crisis—may not even be able to remain at home.</p>
<p><strong>Understand The Ecology Of Aging Services</strong></p>
<p>Aging services can be divided into two large, general categories: those that are home- and community-based; and those that are institutional such as independent retirement communities, assisted living facilities and nursing homes.</p>
<p>Usually the first type of assistance that can be brought into the home is a home care agency, which helps with homemaking chores, meal preparation, and running errands. They can also assist with any degree of personal care—bathing, grooming, dressing, and transferring. They also provide general oversight.</p>
<p>Communities offer other services: meal programs (more commonly known as “meals on wheels”), senior centers where people can find stimulation and involvement, and adult daycare centers where elders can go if they need some supervision during the day. Hospice programs come into the home when end-of-life assistance is needed.</p>
<p>Many different living situations are available for elderly parents. Independent-living facilities usually offer supportive services such as dining, housekeeping, and transportation which can help sustain people for quite awhile. Assisted-living facilities are designed for those who need daily assistance or oversight. Most assisted-living facilities have additional levels of care that also involve increased costs. Nursing homes are most often associated with long-term, 24-hour, custodial care.</p>
<p><strong>Professionals Are Ready To Help</strong></p>
<p>Geriatric care managers are professionals who can provide valuable oversight. They are particularly helpful when those we are caretaking live at a distance. They come from a variety of backgrounds—some are nurses, others are master’s-level social workers—and they assess seniors’ situations, paying close attention to their physical and mental abilities and limitations, support systems, and financial situations. They identify areas of concern and recommend services that address those concerns. They are familiar with the resources in their communities and believe firmly that people should know their options so they can make informed decisions. Geriatric care managers can also educate you about community programs for older adults with limited incomes.</p>
<p>Elder law attorneys are extremely knowledgeable about Medicaid regulations and eligibility. They can educate you about estate recovery and how it affects those who go on Medicaid. They are also able to direct you to the various powers of attorney that should be in place so that you can act on behalf of a parent who is unable to make decisions for him or herself.</p>
<p>Take the time to educate yourself now and to discuss your parents’ wishes with them. Acting now will allow you to make better informed decisions when they become necessary.</p>
<p>Post from: <a href="http://www.thecompletelawyer.com">The Complete Lawyer</a></p>


<p>No related posts.</p>]]></content:encoded>
			<wfw:commentRss>http://www.thecompletelawyer.com/family-issues/care-for-your-aging-parents-proactively-3310.html/feed</wfw:commentRss>
		<slash:comments>0</slash:comments>
		</item>
		<item>
		<title>Find Gratitude, Be A Better Lawyer</title>
		<link>http://www.thecompletelawyer.com/family-issues/find-gratitude-be-a-better-lawyer-3883.html</link>
		<comments>http://www.thecompletelawyer.com/family-issues/find-gratitude-be-a-better-lawyer-3883.html#comments</comments>
		<pubDate>Sat, 17 May 2008 20:47:22 +0000</pubDate>
		<dc:creator>Joe Shaub</dc:creator>
				<category><![CDATA[Family Issues]]></category>

		<guid isPermaLink="false">http://www.thecompletelawyer.com/?p=3883</guid>
		<description><![CDATA[Find gratitude and your productivity will rise, your sense of well being will skyrocket and your creativity and mental skills will be sharp and satisfying.<p>Post from: <a href="http://www.thecompletelawyer.com">The Complete Lawyer</a></p>



No related posts.]]></description>
			<content:encoded><![CDATA[<p>Imagine thinking to yourself, “I appreciate our associate Shawn. He’s reliable, creative and gets along well with others in the office. I think I’ll let him know.” Consider telling your spouse or partner, “I just want you to know I notice what you do around here—the way you keep our family stable and help provide a home for me. I see how hard you work and we couldn’t have the life we do without your efforts.”</p>
<p>Gratitude has enormous power. Martin Seligman, past president of the American Psychological Association and the single most influential person who has guided positive psychology to its current pre-eminence in the mental health field, has found that gratitude is one of the five personal qualities which is tied to overall happiness.1  So what is gratitude?</p>
<p>In their classic tome, <em>Character Strengths and Virtues, A Handbook and Classification</em>, Seligman and Christopher Peterson note,</p>
<p>Gratitude is a sense of thankfulness and joy in response to receiving a gift, whether the gift be a tangible benefit from a specific other or a moment of peaceful bliss evoked by natural beauty. The word gratitude is derived from the Latin gratia, meaning ‘grace,’ ’graciousness,’ or ‘gratefulness.’</p>
<p>Gratitude in its highest expression is found in the delight in the ordinary, as 19th century writer and philosopher G.K. Chesterton asserts. If that is true, what a gift it provides—the opportunity to experience appreciation and delight because of people and circumstances which naturally exist in our lives.</p>
<p><strong>Can Gratitude Flourish In The Legal Arena?</strong></p>
<p>But consider this quintessential irony provided by the modern legal environment: In order to succeed, many people claim, one must be hardheaded, hard-working, have a scintillating intellect, and value analysis over sentiment. A strong sense of irony and a clever, sometimes withering, skepticism compose both the shield and sword for the well-respected, successful attorney. The very imagery of “shield” and “sword” reinforces the adversarial nature of the law. Yet what if the key to success resides in a sense of wonder or awe found in the most basic elements of existence?</p>
<p>Professor Robert Emmons of U.C. Davis is, perhaps, the nation’s leading researcher on gratitude and its benefits. His research reveals that gratitude is correlated with higher levels of well-being, greater social connectedness, and a higher correlation to spirituality. Grateful people also place less importance on material acquisitions. In one study, Emmons had students keep a daily gratitude journal in which they listed at least 5 things they were grateful for at the end of each day. They found participants experienced higher levels of alertness, enthusiasm, determination, attention and energy than those in the control group (who kept a journal which listed daily hassles).</p>
<p><strong>Exercise Your “Gratitude” Muscle</strong></p>
<p>Seligman, Emmons and others focus on trying to come up with exercises that actually cultivate gratitude. As Seligman relates in Authentic Happiness, he was struggling to find an exercise for gratitude when a student suggested the class have a gratitude night. Each person would recall a person in his or her life who had provided deep and lasting gifts, and who had not been really acknowledged. The student would then write a letter to that person, describing the gifts given by that person (in as much detail as possible) and what those gifts had meant. Then, on gratitude night, each student would invite the person and read his or her letter. Mothers, brothers, and teachers all came, and everyone was deeply moved—no one could keep the tears from their eyes. At the end of the semester many student evaluations recounted that evening as the high point of the course. This gave rise to Seligman’s “gratitude visit” in which he suggests that people write a letter of appreciation to someone in their life, and read it to the person they are “honoring” with their recognition and gratitude.</p>
<p>The gratitude journal is another exercise that strengthens our ability to witness those things that we would otherwise take for granted. Researchers have found that keeping a gratitude journal over a period of six weeks markedly enhances a person’s sense of well being. I recommend this exercise also for the things you will learn from your reactions to the task. If you demur because it appears “soft” or “silly,” you might want to look at what inside you disdains recognizing and expressing the good things in your life. After a week or two, you may recognize those people and circumstances that you previously took for granted. After all, what’s the good of having wonderful things in your life if you don’t recognize them? (Remember, this journal is for the writer only. You don’t have to list “my wife” so you can show it to her and seem like a good guy; nobody else is going to read it. It should be private and personal to derive any value from the effort.)</p>
<p>How frequently do those of us who are blessed with health stop and give thanks for our freedom from pain and physical limitation? Lawyers are very smart folks—living and working among intelligent people—but how often have you stopped to consider and appreciate the wonderful gift of a good mind, or how much fun it is to think and interact with others who are equally witty?</p>
<p><strong>Count Your Blessings</strong></p>
<p>We are a wealthy and, in many ways, overindulged culture. We are bombarded with advertisements that tell us we can’t be satisfied without certain things only our consumer economy can provide. People who travel a good deal often remark upon returning that our culture is marked by this sense of enforced dissatisfaction promoted by a consumer economy. We can resist that force, however, by spending just five minutes before we go to bed recounting our blessings.</p>
<p>For me, tonight, I might say that I love the way my golden retriever calms down when I rubbed his ears after he came in frightened by a thunderstorm. I am grateful that I am 58 and still have energy to run my practice and teach at the same time; for the soup my wife got me this afternoon because I came home not feeling so well; for hanging out with my 15-year-old daughter (we’re in different parts of the house) while her mom is out tonight, for realizing that her simple presence brings me a sense of well being and joy. I’m happy I found a book that interests me (Henry Clay’s biography) from the library; I am grateful that I was able to come up with an argument that will support a revision of a court commissioner’s ruling (which is like an appeal to a judge in a family law matter); I’m happy that Springsteen still puts on great shows after 33 years and that my wife and I could go to one this weekend so she could finally see what I had been carrying on about for so long; I’m grateful that Don Hutcheson has been kind enough not only to allow me to contribute to <em>The Complete Lawyer</em>, but to get this piece in a bit late.</p>
<p>Unless you’re struggling with depression, so that you’re biochemically unable to experience the joy of the simple or the sublime, I challenge you to not be able to come up with five things to be grateful for every night for six weeks prior to bed time. If Seligman, Emmons and others are correct, your productivity will rise, your sense of well-being will skyrocket and your creativity and mental skills will be sharp and satisfying. What lawyer wouldn’t want those assets?</p>
<p>Post from: <a href="http://www.thecompletelawyer.com">The Complete Lawyer</a></p>


<p>No related posts.</p>]]></content:encoded>
			<wfw:commentRss>http://www.thecompletelawyer.com/family-issues/find-gratitude-be-a-better-lawyer-3883.html/feed</wfw:commentRss>
		<slash:comments>0</slash:comments>
		</item>
	</channel>
</rss>
