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

Odd Law - Iceland

In either 999 or 1,000 CE (the records conflict) the meeting of the makers of the Laws in Iceland met. These meetings, which had been going on for about 70 years already, occurred each year and were called “Althing,” Some scholars consider this the oldest Parliament.


At these meetings, the chiefs of the sundry family groups would sit outside (so we can assume it was in the Summer) in a circle. Sitting in front each of the group leaders, facing each other was a warrior of the chief and behind him, at least two counselors. This may well signify that for every battle to be fought, there were two voices, in addition to the chief himself, considering the wisdom of the fight.


During the meetings, the “Speaker of the Laws” (alternatively the “Knower of the Laws”) would recite each and every law the nation had. Each law was, one by one, considered by the assembly. Should they continue having this law? Could it be altered if it was not meeting its goal or were there unforeseen consequences which could be avoided by a modification. Should that particular law be removed from the society totally?


For those scholars among you, this might sound a lot like James Madison’s belief that every law, including the Constitution, should expire at the end of 19 years, to be revisited. Well, the Icelandic peoples did just that.


The Althing of 1, 000 (or, maybe 999) was of a different character though. The law makers were trying to decide if they should accept Christianity as their religion, divesting themselves of the older pagan religion, worshiping the Norse gods of Odin, Thor, Loki, Frigga and the rest. (You all know that Thursday is named after Thor and Friday is named afer Frigga, right?) 


There had been several violent bouts with Christians wanting the change and about half of the population were, by that time, Christian themselves, whether by spiritual conversion or conversion by the sword.


The leaders were much divided among themselves and, after much negotiation, agreed to let one man make the decision for the entire nation. This man, reasonably enough, was the Speaker of the Law, Thorgeir Thorkelsson (friends all just called him “Thor”).


He isolated himself for a long while and came back with his pronouncement:


Iceland would be Christian....with a couple of exceptions:


1. They would continue to eat horsemeat (outlawed by that particular branch of Christianity - Roman Catholicism in 732 CE - don’t know how the Eastern Orthodox thought of it);


2. They would continue to be able to “get rid of their unwanted children” (usually considered to be exposing babies who were not the desired gender for the time or were misshapen in any way); and

3. You could still have your pagan religious ceremonies in private; and, most importantly,


4. Don’t get caught doing any of the first 3.


This was eventually named the kristnitaka.


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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.

NEED FOR REAL ESTATE BUYERS' ATTORNEY AT ALL TIME HIGH

By Portia Scott • March 20, 2024
BEFORE YOU SUBMIT AN OFFER DRAFTED BY THE SELLER'S AGENT, give it to our attorney and discuss how to best protect yourself and understand the costs associated with your offer.
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