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Eldercaring Legislation Becomes Law in Florida

Did you know that Florida is the first state to statutorily recognize eldercaring? What is eldercaring, you ask? Eldercaring is a court ordered dispute resolution process for aging persons and their families that promotes respect for the voices, autonomy, and safety of older adults. The Florida Statute on Eldercaring is Florida Statute 44.407, which can be found online at this link. Elder-focused dispute resolution became law on July 1, 2021. Eldercaring coordination is designed to protect older adults and help families avoid the costs, time, and heartaches involved in court battles over the care and safety of older adults. 

The Eldercaring Coordination Process

A trained eldercaring coordinator may be appointed by the court for up to two years to assist with transitions that families experience in caring for their aging loved ones. Eldercaring coordination may also help resolve non-legal issues more quickly, with less conflict and in a private forum rather than in court. It is an alternative method for dispute resolution regarding the elderly. The legislation’s goal is to improve the safety and autonomy of the vulnerable population of elderly people. 

How a Third Party Helps

This law now provides families with options and allows the aging person’s voice to always be heard. This is special because dealing with aging parents is difficult enough, not to mention those with mental and physical illnesses. The law allows a third party, under the direction of a judge, to step in and moderate the process amongst siblings, ensuring the elder’s voice is not forgotten.

Eldercaring coordination was modeled after the guidelines that parent coordination was based on regarding the dispute resolution process for parents in high conflict child-related issues. The eldercaring process helps alleviate tension and stress on the elderly person. This is important because the vulnerable adult is no longer the strong, independent person they once were. 

Avoiding the Stress of Court

The eldercaring coordination process reduces and alleviates the fighting of the people the vulnerable adult depends on to help and care for them. Further, court can be scary, confusing, and exasperating for an elderly adult who feels no one is listening to them. Lastly, in court, the vulnerable adult must watch family members they love go at each other regarding their abilities and what is best for their future. This adds unnecessary stress and aggravation for the vulnerable adult. 

Eldercaring coordination is a process-focused and strength-based process. It is not like the adversarial court process. It may be a more sensible way to address the emotional and private family issues surrounding the care and autonomy of your loved one. 

If you have more questions regarding a Marital and Family Law matter, you may call Ann Marie Giordano Gilden at Ann Marie Giordano Gilden, P.A. at 407-732-7620 and set an initial consultation. 

This article is for informational purposes only and does not form an attorney client privilege.