Florida Appeals Court Rules That Guardianship Fee Cannot Be Deducted From Medicaid Recipient’s Income

A Florida Appeals court has recently held that a court appointed guardian may not deduct a guardianship fee from a patient’s Medicaid income because the fee is not medically necessary. Under Florida law “medically necessary” is defined “as services provided in accordance with generally accepted standards of medical practice and reviewed by a physician.” The Court acknowledged that its decision would leave a gap “wherein a guardian of an incapacitated ward who provides the necessary consent for medically necessary treatment cannot be compensated for its services under the state’s Medicaid program,” and it recommended that the State of Florida consider changing its law. The complete text of the Florida Court of Appeals decision on this matter can be read here.

See Guardian May Not Deduct Fee From Medicaid Recipient’s Income, Elder Law Answers, December 1, 2015.