Eldercaring Coordination
Portia B. Scott, J.D., L.L.M. • May 1, 2021

Where to turn when no one agrees on what to do.

There have been pilot programs running in eight of Florida’s judicial circuits (our local circuit, the 19th, is not one of them) which were aimed to try to lessen conflict and strife between conflicting family members of a vulnerable adult.

 

The idea is that in “high conflict” families, such as families whose members cannot agree on what is the best treatment going forward for a loved one, the skills of a neutral person should be employed. “Employed” is the exact term, of course, as there is a fee along with duties including confidentiality, impartiality and integrity. 

 

The goals are to include the vulnerable adult in the process as much as possible, eliminate (or, at least reduce) the hostility which can erupt between otherwise loving family members when the choice of care for their vulnerable adult is not unanimous and, ultimately, allow the vulnerable adult peace at the end of life.

 

Presently, this Eldercaring Coordination may only be implemented through a court order. Thus, it appears the utility of the program may be limited to Guardianship matters before a Guardian has been appointed, as once a Guardian is appointed, there is little motivation to relinquish the authority granted by the Court to the Guardian.

 

Critics of Eldercaring Coordination point to possibility of reduction in the authority of the Court-Appointed Guardian, of the requirement of agreement and concomitant issues with enforcement, and the potential abuse limiting the Court’s involvement where the Court’s historic role has been that of Super-Guardian, that is, the supervisor of the Guardian.

 

The pilot programs were aimed at gathering the information before the drafting of a Statute of implementation, a recognition of the problems of Florida’s initial attempt at a similar style of authority granted under the State’s Parent Coordination laws.


Now, House Bill 441 and Senate Bill 368 are drafted and ready for full Legislative consideration.

 

The bill, presumedly, will allow a Court who is facing a family in conflict over the proper care for their elderly loved one who cannot make decisions for him or herself, to appoint a “coordinator” who will be empowered to evaluate the situation and provide recommendations to the Court on how best to enrich the elderly person’s life.

 

So, the coordinator may recommend that the fighting siblings only visit on alternate days; may recommend a one of them to take over the finances with the elderly person’s consent and direction, may even recommend family counseling. Everything would be less restrictive than the alternative: Guardianship.

 

When dealing with the elderly, it is always best to have options.  

 

Please see Florida Chapter of the Association of Family and Conciliation Courts for more information.

 

Share this article

Odd Laws - Iceland

By Portia B. Scott, J.D., L.L.M. • January 31, 2025
Odd Law - Iceland

MEDICAID IN FLORIDA Part I

By Portia B. Scott, J.D., L.L.M. • June 11, 2024
Medicaid planning is a complicated concept with many moving parts, all of which need to work in tandem and cohesively together to achieve the goal of providing quality long term care and/or nursing services to a Floridian in need. People often merely state that Medicaid is always a payor of last resort, but that expression needs to be defined and discussed as part of an over-all plan. The first issue addressed, then, is what is meant by “The payor of last resort?” Medicaid is, indeed, the payor of “last resort.” Briefly, this means, when all other medical assistance care is gone, Medicaid may step up and help pay for some uncovered medical expenses. Although Medicaid is a Federal program, it is administered on a State-by-State basis. When Medicaid was first being created, each state in the Union submitted their own plan on how the funds available to their own State’s Medicaid applicants. Florida submitted its plan which continues (with some tweaks) as to be used by Florida’s Medicaid system. If the applicant (the “patient”) otherwise qualifies for Medicaid in Florida, the State’s Medicaid program will help pay the expenses of Long Term Care, including Nursing Home Care. So, if the patient has a privately purchased policy for Long Term Care Insurance, those benefits will have to be fully depleted before Medicaid will provide any financial help. If the patient has more than $2,000.00 in “countable assets,” those will need to be spent before Medicaid will help. (We do mean “spent,” too; not gifted away!) If the patient is on Medicare, Medicare will step back and no longer pay once Medicaid has taken over. This means that the patient’s Medicare premium will no longer be deducted from any Social Security payment, increasing the net income of the patient. Further, there will no longer be a need for supplemental health insurance since the policy (Medicare) which was being supplemented, no longer is paying. When good planning has been implemented, including, at times, some of the countable assets of the patient having been legally and permissibly transformed into uncountable assets, Medicaid will step in to help pay for the Long Term Care Nursing Home expenses. This is what is meant when the term “payor of last resort” is used.
Share by: