Frequently Asked Questions About Elder Law in Florida
July 23, 2024 – Barry D. Siegel, Esq.
What is Elder Law?
Elder Law encompasses legal issues specifically affecting older persons, focusing on areas like Estate Planning, Long-Term Care, Medicaid Planning, Advance Directives and guardianship.
Do I Need an Elder Law Attorney?
An Elder Law Attorney helps seniors and their children navigate complex legal matters related to aging and health care, protecting their rights and interests. Per Florida Statute 454.23, only a licensed Elder Law attorney can guide you through your legal options for Medicaid Planning and asset protection.
How Can an Elder Law Attorney Help with Planning for Medicaid?
An Elder Law Attorney can help you structure a plan to navigate Medicaid regulations, potentially preserving assets while qualifying for benefits.
What Are Special Needs Trusts, and How Do They Work?
Special Needs Trusts provide for individuals with disabilities without jeopardizing their eligibility for government assistance programs. A lawyer who focuses on Estate Planning can guide you through the creation of a Special Needs Trust based on your unique circumstances.
What Documents Do I Need for an Advance Directive?
A Living Will, Health Care Surrogate Designation and Anatomical Donation Form are the three documents that comprise Advance Directives. A Living Will allows individuals to express their preferences regarding medical treatment and end-of-life care in case they become incapacitated and unable to communicate their wishes. A Health Care Surrogate Designation enables individuals to appoint a trusted person, known as a health care surrogate or proxy, to make medical decisions on their behalf if they are unable to do so themselves. An Anatomical Donation form allows individuals to specify their choices regarding organ and tissue donation for medical purposes after their passing.
How Can I Protect My Assets from Nursing Home Costs?
Strategies like establishing Trusts, gifting assets, planning for Medicaid and purchasing long-term care insurance can help safeguard assets from being fully depleted by nursing home expenses.
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