+ What is Eldercaring Coordination?

Eldercaring coordination is an alternative dispute resolution process during which an Eldercaring Coordinator assists elders, legally authorized decision-makers, and others who participate by court order or invitation, to resolve disputes with high conflict levels that impact the elder’s autonomy and safety by:

1. Enabling more effective communication, negotiation and problem-solving skills;
2. Offering education about elder care resources;
3. Facilitating the creation and implementation of an eldercaring plan;
4. Making recommendations for resolutions; and
5. Making decisions within the scope of a court order or with the parties’ prior approval.

+ Who are Eldercaring Coordinators (ECs)?

An eldercaring coordinator is an impartial third person whose role is to assist parties to resolve disputes in a manner that respects the elder’s need for autonomy and safety. The role of an EC requires specific, extensive training and experience. Unless there is a written agreement between the parties, and while the process is still in the pilot stage, the court may appoint only a qualified Eldercaring Coordinator.

According to the Association for Conflict Resolution Guidelines for Eldercaring Coordination, Eldercaring Coordinators (ECs) must meet the following qualifications:

• An Eldercaring Coordinator shall be licensed or certified by a regulatory body of a jurisdiction, state or province, with at least a master’s degree and all of the following:

• Completion of family mediation training certified or approved by the circuit, state or province or commensurate with the objectives established by the Association for Conflict Resolution; and

• Completion of elder mediation training certified or approved by the circuit, state or province or commensurate with the objectives established by the Association for Conflict Resolution; and
• Completion of eldercaring coordination training certified or approved by the circuit, state or province or commensurate with the objectives established by the Association for Conflict Resolution; and

• Extensive practical experience in a profession relating to high conflict within families.

• An Eldercaring Coordinator shall be psychologically and cognitively able to perform the requirements of the Eldercaring Coordinator role; and have no situation, condition, impairment, or disorder that prevents the ethical, responsible and effective exercise of the Eldercaring Coordinator role.

• An Eldercaring Coordinator must decline a case, discontinue service and immediately report to the court and the parties if any disqualifying circumstances as noted above occur, or if he or she no longer meets the minimum qualifications. Qualifications for eldercaring coordinators may be more specific according to each jurisdiction.

Click here for qualifications for eldercaring coordinators in Florida ➔

+ Why is all that training necessary?

• Why can’t a civil mediator do this without additional training?
• The lawyers can do anything an EC could do!
• How can someone with a mental health background effectively serve as EC if the issues among family members are strictly financial?

The families referred to eldercaring coordination have been identified as high conflict and therefore, by definition, have the most difficult time working together. These family members are prone to escalate disputes, frequently file complaints and initiate adversarial actions. The agencies and organizations in the Eldercaring Coordination Task Forces felt fervently that training and experience with high conflict family dynamics, as well as the unique needs of elders, were imperative.

Three tiers of training were emphasized by the Eldercaring Coordination Task Forces to address the multi-layer, interdisciplinary education required:

• Family Mediation Training addresses the basic dispute resolution skills (of civil mediation) plus the special role of family dynamics and relational issues, promoting ongoing effective communication between parents mindful of the needs of their children. The conflict and interworkings of elders and their family of origin continue to be complicated by multiple marriages, blended families, in-laws, step-children and siblings.

• Elder Mediation Training focuses on the specific needs of the elder and multi-party disputes. The training teaches a person-centered process for the elder who has rights, values and wishes to be respected as potential capacity issues are raised. Trainees learn about the law, finances, housing, and medical issues among other matters affecting aging adults. Additional skills are needed to work with large group dynamics, multiple generations at the table complicated by decades of practice fighting with one another, and juggling all their concerns while still focusing on the elder.

• Eldercaring Coordination Training concentrates on the care and safety of the elder, as well as the effects high conflict, litigious and vindictive behaviors can have on elders, their multigenerational family members, and other stakeholders. The training focuses on the skills needed to reduce the conflict while making sure the elder’s needs are paramount. Cognitive decline, exploitation, neglect and abuse of elders are addressed throughout the term as they may arise at any time.
  
  Identifying risks and safety issues, (exploitation, neglect and abuse of elders, intimate partner and domestic violence, substance abuse), as well as cognitive decline, are addressed to provide the skills, strategies and knowledge required for a two-year role with families.

The required trainings will help people work specifically with high conflict, multi-party, family cases regarding the care and needs of an aging adult. ECs must be capable of addressing the family dynamics as the emotions in these cases exacerbate the legal issues. Sometimes, financial issues and greed may drive the conflict of the parties. Another expert may be brought into the process to serve as a financial advisor, to assist in making any monetary decisions, or give any legal advice. Attorneys that represent the elder or other legal advocates can address the issues related to the law. The EC stays focused on reducing the conflict and meeting the elder’s needs, and allows other professionals to do what they do, so that the EC is avoiding dual roles and conflicts of interest. The EC is there to help the family work more productively within the family and with outside resources.

For quality control, consumer protection and accountability to the court, according to the Guidelines, all ECs must be licensed or certified in their profession of origin by a regulatory or government board. This will further ensure their continuing education and ethical behavior of ECs since there is no standard state certification (as yet) for eldercaring coordination.

+ Who pays for the work of the EC?

The sharing of the EC’s fees by the parties is determined by the court on the court’s Order of Referral to Eldercaring Coordination, not by the EC.

Compared to each person paying for separate lawyers to fight in court and increase the costs, the EC’s fees are split among several participants. With the EC’s help, everyone focuses on reducing the conflict now and into the future. This decreases the overall costs to each person. The attorneys continue to represent their respective clients to help with education and manage legal issues as needed. The EC cannot modify the fee sharing allocated on the court order. If someone is not paying their share of the fees, it will be brought to the court’s attention. If there are grounds, the Judge might re-allocate the EC’s fees, but failure to follow an order of the Court could result in being held in contempt and sanctioned. Sanctions could include fines as well as incarceration.

+ Is it appropriate for the EC to charge a retainer? And insist that the retainer is paid in full before the meetings?

The EC may require an initial consultation fee or a reasonable retainer fee to be paid in advance. Having a retainer sufficient so that the parties remain current with each meeting is not unusual and even recommended. Since the EC is working with people in high conflict situations, withholding fees is often used to manipulate the process, to punish the EC, delay, or stop the process altogether. Requiring a retainer fee is one way to avoid fees from becoming a tool for influencing the process. Additionally, it is likely that participants will feel greater accountability and commitment to the process if they pay something for it.

+ How often do people meet with the EC?

Eldercaring coordination sessions are scheduled as needed. Frequency of meetings will vary from one family to another. For the most part, the family’s needs will dictate the frequency of eldercaring coordination sessions. When a decision affecting the elder needs to be made, but family conflict interferes with decision making, eldercaring coordination sessions will be more frequent. As family members and other participants acquire more productive communication and negotiation skills, and as an eldercaring plan is developed and implemented, the frequency of eldercaring coordination sessions will diminish.

+ How does the court identify cases for Eldercaring Coordination?

Cases appropriate for eldercaring coordination can be identified by a judge or court staff when there is a surge of motions in a case, multiple cross allegations, competing petitions for appointment as guardian/conservator, where parties resist compliance with court orders, or the parties’ personal agendas dominate court hearings instead of the care, safety and autonomy of the aging loved one. Additionally, attorneys, guardians, conservators, other professionals and the parties themselves can request that eldercaring coordination be utilized. For instance, the elder’s attorney might recognize that no one is focusing on the elder’s needs, or other attorneys may notice that the parties are so entrenched in conflict that they are not able to focus on the legal issues at hand; hearings are protracted by emotional issues; mediation has become an opportunity for the parties to vent and exacerbate their contention rather than resolve issues; or issues surface and require attention to ensure the elder’s safety. It is also possible that Adult Protective Services, Office of Aging, or similar governmental agency will identify cases suitable for eldercaring coordination and inform the court that a referral is recommended.

+ What is a possible timeline from the point the case is identified to when the Order of Referral for Eldercaring Coordination comes through?

Eldercaring coordination is a court ordered dispute resolution process. That means that either the parties or their representatives can request that the court order the parties to the process, or the court can identify a high conflict case with issues pertaining to the care and safety of the elder and spontaneously refer it. Once the process is requested or the court, on its own, identifies a case, the time between identification of the case and entry and processing of the Order of Referral to Eldercaring Coordinator will vary depending on the jurisdiction. One to three weeks should be expected. The parties are directed to contact the appointed EC within ten days of entry of the Order. There may be a delay, however, if all of the parties or attorneys are not on board. Unfortunately, these kinds of cases are so time sensitive that such delays should ideally be avoided. The death of an elder has occurred in some cases after an Order of Referral was entered but before the EC was able to assemble the parties for intake.

The EC is required to submit a Response Form to the court indicating if the EC will take on the case, as soon as the EC confirms that there are no conflicts of interest between the EC and family, and that the EC’s skills match the dynamic that is unique to the family. The EC will return the Response Form as soon as possible, but no longer than 30 days from the entry of the Order of Referral, as time is of the essence in these cases.

Although the parties ordered to eldercaring coordination are required to contact the EC within ten days of the Order of Referral being entered, the EC may attempt to contact all of the parties as well, in order to expedite the initiation of the process. The EC may send out Intake Forms along with a Professional Services Agreement to be completed by each party independently, or may choose to work jointly with the parties to complete those forms before the first meeting is scheduled. This way the EC can make sure to have the information required to begin the process safely, and to make sure that all of the parties have an explanation of eldercaring coordination and understand the fee arrangement of the EC, as well as the allocation of payment ordered by the Court. A court-appointed decision-maker such as a Guardian or Conservator, or other surrogate (e.g. Power of Attorney) may complete the Intake Form for the elder if necessary.

+ How long is the term of an EC?

Eldercaring coordination is a process, not an event. The EC is generally appointed to assist the family for a two-year term. It is within the judge’s discretion, however, to set the duration of the eldercaring coordination process, and the EC’s term might be modified, if necessary. Even if issues are initially settled or resolved, with the general two-year term the EC will be available as a court-alternative resource for the family in tackling subsequent problems as they arise, avoiding delays, reducing contention as needed, mobilizing the use of available resources, and strengthening support of one another at times of need. In that way, the EC remains accessible to assist the elder and parties throughout the many transitions of the elder’s aging process, saving the family from unnecessary and frequent adversarial court hearings.

Meetings are usually more frequent during the start of the eldercaring coordination process, and when the family needs assistance during transitions, if the conflict appears to resurface. During times of calm within the family, meetings are scheduled periodically in order to monitor their progress.

+ What does the EC do if issues are resolved before the term expires?

Once initial issues are resolved, the EC follows-up with the participants periodically, and remains on-call as the need arises. It takes time to build a relationship and to demonstrate that the EC is looking out for the bigger picture. The EC continues to address the new issues as well as any residual issues, giving the family the opportunity to return to eldercaring coordination first, before initiating further court proceedings. If the family renews court proceedings, eldercaring coordination can continue to address the non-legal issues and avoid risks to the elder during the litigation process. Then the EC assists the parties in implementing the court order.

+ What if the elder passes before the end of the EC's term?

This question points to how important it is to identify cases for eldercaring coordination and refer them as early as possible. In the unfortunate circumstance that the elder passes before the end of the process, the EC may continue for a short period to assist the parties with non-legal issues, upon their request, in order to keep the elder’s voice prominent in their transition process.

+ What are Guidelines for Eldercaring Coordination?

The Association for Conflict Resolution Guidelines for Eldercaring Coordination include the following:

1. Ethical Guidelines for Eldercaring Coordination
2. Recommended Grievance Procedure
3. Eldercaring Coordination Training Guidelines and Protocols
4. Pilot Project Court Proposal Template, including standardized forms
5. Eldercaring Coordination Project Assessment Tool/Pre- and Post Surveys for Elders, other participants and the Eldercaring Coordinator

(These Guidelines were accepted by the Florida Chapter of the Association of Family and Conciliation Courts Task Force on Eldercaring Coordination and used as a guide when Florida Guidelines for Eldercaring Coordinators were developed concurrently, including statewide specific standards.)

An independent Eldercaring Coordination Project Assessment Team from Virginia Tech University utilized the information obtained from participating Court Pilot Project sites to continue to enhance the development of the eldercaring coordination process. Analysis conducted is provided to the Project sites on an interim basis to inform improvements to the process throughout its implementation. The success of this project may be assessed by:

• Reduction in the number of hearings before the court in cases referred to eldercaring coordination;
• Review of Eldercaring Coordination Survey given to the participants, judges and ECs in eldercaring coordination;
• Instances of reports of elder abuse, neglect, and exploitation;
• Increased use of community resources (e.g. physicians, attorneys, guardians, elder mediators, health care and treatment providers, care managers, psychosocial and financial experts, aging and life care managers, etc.) to assist the elder and family;
• A project design that can be replicated statewide and nationally by other circuits interested in pursuing project goals and objectives.

+ Who developed the Guidelines for Eldercaring Coordination?

Eldercaring coordination was developed through the ground-breaking collaboration between the Association for Conflict Resolution Task Force of twenty prestigious US/Canadian organizations and the FLAFCC Task Force composed of twenty statewide organizations and agencies, in an effort to improve the lives of elders and families involved in high conflict litigation.

+ What happens to other professionals already engaged by the parties?

Eldercaring coordination is a dispute resolution option specifically for those high conflict cases involving issues related to the care and needs of elders, and is meant to complement, not replace, other services such as provision of legal information or legal representation, financial management, individual/family therapy, care management, medical, psychological or psychiatric evaluation, or mediation. The eldercaring coordination process is devoted to the reduction of conflict so the parties will be better able to cooperate with court-appointed decision-makers and other professionals and resources to best provide for the care, safety, autonomy of the elder, to the extent possible. It is possible, if there is no conflict of interest, that resources already used by one or more of the parties may be invited to participate in the eldercaring coordination process.

+ Is the eldercaring coordination process similar in every program site, even those in different states or provinces?

The ACR Guidelines for Eldercaring Coordination are broad enough to encompass the different needs of states, circuits, districts and provinces and provide an overarching framework for best practices and ethical standards, Specific standardized forms and procedures may be tweaked as necessary to follow the local laws and court rules and formatting required. Additionally, all ECs are trained using the same learning objectives. The probate/guardianship court in your area would be a good start to see if there is an eldering coordinatiom program or EC in your area, and find out more specifics.