Elder Law focuses on the senior population but can be relevant to everyone.  It deals primarily with legal issues related to elders such as long-term care planning, applying for Medicaid for nursing home care, end-of-life and incapacity planning, elder abuse, estate and trust administration, and guardianship.

Working with an experienced Elder Law attorney to create a comprehensive estate plan can help you provide for your loved ones, protect your legacy, reduce family conflicts, and may even mitigate tax liabilities.  It allows you more control over your assets, during you life and after passing away.  These documents can only be executed while you have your full mental faculties. It is never too early to talk to an Elder Law attorney about creating an estate plan.

A Will, also known as a Last Will and Testment, gives instructions on how your assets should be distributed after you pass away.  It can also contain special provisions, such as designation of legal guardian for your minor children, or certain trusts depending on your situation.

A Living Will is utilized while you are living and contains your specific instructions on what medical treatments should be administered or withheld in the event you become incapacitated or are terminally ill.

A Durable Power of Attorney (DPOA) is a document in which you (the Principal) authorize a trusted person (the Agent) to act on your behalf when you are unable to act for yourself and remains effective even if you become incapacitated.

A Durable Power of Attorney prepared by an Elder Law attorney will typically contain special provisions allowing your Agent to engage in Asset Protection Planning and Public Benefits Plannings on your behalf, including the ability to make unlimited uncompensated transfers in an effort to protect your assets from the forced liquidation that might otherwise be required if you were to enter a nursing home.  Without the specific wording needed or if improperly executed, your power of attorney will be worthless and a Guardianship may be required.

Florida Statute requires that you deposit your loved one’s Will with the clerk of court within 10 days of their passing.  If your loved one had assets in their name without any designated beneficiaries, you should contact an Elder Law attorney to determine if you will need to probate their estate and what type of Florida probate will be required.

When a person passes with unpaid debt solely in their name, the liability passes to that person’s estate.  Any debt or creditor claims will be paid out of the assets of the estate, you are not personally liable.

A Special Needs Trust (SNT) is a tool often used by parents with children who have special needs or are disabled.  Because the funds will be in the name of the trust, and not your child, it will not be used as countable income when determining their eligibility for government assistance.

Guardianship is a legal procedure which is utilized when a person can no longer make sound decisions about their own care or handle their own affairs in which case the court appoints a guardian of the property and/or the person.  Guardianships are the last resort and will only be needed if the alleged incapacitated person does not have any lesser restrictive alternatives, such as a Durable Power of Attorney or Health Care Surrogate Designation.

A minor may need a guardian if their parent(s) pass away or become incapacitated, or if they inherit an amount which exceeds the statute limit, currently $15,000.

Medicaid recipients are eligible for all-inclusive care at a long-term care facility, including room and board, on-site physician services, laundry services, and more.  Applying for Medicaid can be tricky when the applicant is over the asset limit for eligibility.  An experienced Elder Law attorney can help you develop a plan to protect your loved one’s assets and qualify them for Medicaid to cover their long-term care in a nursing home.  

Medicaid recipients are eligible for all-inclusive care at a long-term care facility, including room and board, on-site physician services, laundry services, and more.  Applying for Medicaid can be tricky when the applicant is over the asset limit for eligibility.  An experienced Elder Law attorney can help you develop a plan to protect your loved one’s assets and qualify them for Medicaid to cover their long-term care in a nursing home.  

If you die without a will, your assets will be distributed according to Florida law.  Even if you have verbally expressed your wishes, they will not be considered as oral wills are not valid in Florida.