Fort Lauderdale Long Term Care Planning Lawyer

As we get older, it is important to be ready for the financial and health challenges that come with aging. Proper legal planning can help you and your family prepare for future medical care needs and avoid stress and heartache in the event of an emergency.

It seems daunting, but it doesn’t have to be. Our long-term care planning lawyers in Fort Lauderdale can help you protect your assets while ensuring you or your loved one can afford and access quality care.

Our legal team at the Siegel Law Group, P.A., has over 100 years of combined experience working with older Floridians and their families. Call today for a free consultation and learn how our elder lawyers in Fort Lauderdale can help.

Estate Planning

Estate planning is an important part of long-term care planning. This is the process of legally arranging how your money, property, and care decisions will be handled during your life and after your death.

Our long-term care planning attorneys in Fort Lauderdale can help you put the right strategy in place. The benefits of estate planning in Florida include protecting your assets, supporting your family, and ensuring your wishes are carried out. Important documents include:

Financial Power of Attorney

This document lets you choose someone to manage your finances if you become unable to do so. They can handle tasks like paying bills, accessing accounts, or selling property. We can help you appoint someone you trust and define what they can and can’t do on your behalf.

Medical Power of Attorney

This allows you to name someone to speak with doctors and make medical decisions if you’re too sick or injured to speak for yourself. Without this document in place, you risk leaving control of your healthcare decisions to someone outside of your family.

Advance Directive

An advance directive lets you state your wishes about life support and end-of-life care. It helps your family and doctors understand what kind of treatment you want, or don’t want, if you’re unable to communicate.

Last Will and Testament

Your will outlines who should receive your property after you pass away. You can also name guardians for children and appoint someone to manage your estate. Without a will, Florida law decides for you.

For a free legal consultation with a long term care planning lawyer serving Ft. Lauderdale, call 561-955-8515

Medicaid Planning

Most Florida nursing home residents must rely on Medicaid eventually. Long-term care is expensive, and Medicaid can fill the gap between your income and your cost of care. However, there are certain requirements to apply for Medicaid in Florida.

Medicaid planning helps you legally protect your income and assets while preparing to qualify for Medicaid coverage, especially for long-term care. We can help you understand how Medicaid works and devise a strategy.

Qualifying for Medicaid in Florida

To qualify for Florida Medicaid for long-term care, you must:

Be a Florida resident
Be age 65+ or disabled
Be a U.S. citizen or qualified non-citizen

Medical Need Requirements

You must be assessed and found to require nursing home-level care, even if you’re staying at home. Florida uses the CARES Assessment of Long-Term Care Needs to determine this based on your ability to perform daily tasks.

Income and Asset Limits

Medicaid is intended for people with financial need, and you must meet strict income and asset requirements. For many nursing home residents, this means spending down savings and other assets in accordance with Medicaid’s rules.

Spending Down Assets

Spending down assets can involve spending money on things like medical bills, home modifications, or prepaying for funeral expenses. Our attorneys can help you devise a plan to do this correctly to avoid improper transfers.

The Look-Back Period

Florida enforces a 5-year look-back rule on asset transfers. This means that if you gave away or transferred assets for less than fair market value within the past 60 months, you may face a penalty period where Medicaid won’t cover your care.

Ft. Lauderdale Long Term Care Planning Lawyer Near Me 561-955-8515

Asset Protection Strategies

Medicaid allows you to keep certain assets and still qualify for benefits. However, they can seek to recoup their costs through estate recovery after you pass away. This means your family may lose important assets such as your home.

There are legal ways to protect your assets from Medicaid in Florida. Our Fort Lauderdale long-term planning lawyers can help you safeguard what you’ve worked for without risking your Medicaid eligibility. Some of the legal tools we may suggest include:

Irrevocable Trust: An irrevocable trust moves assets out of your name so they’re protected from long-term care costs or estate taxes. Once created, you can’t change it easily.
Lady Bird Deed: This special Florida deed lets you keep full control of your home while you’re alive and pass it directly to someone after your death. It also protects your home from Medicaid estate recovery.
Homestead Protection: Florida law protects your primary home from most creditors, even in bankruptcy or after your death. It also limits who you can leave the property to in certain situations.

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Get Help From a Long-Term Care Planning Attorney in Fort Lauderdale

It’s a good idea to start planning for long-term care around retirement age. The legal documents and strategies you put in place can help with other parts of life as you get older, too. If you wait too long, your family might be left scrambling during a stressful situation.

Our long-term care planning attorneys in Fort Lauderdale can help you devise a strategy, draft documents, and protect your assets while still qualifying for important medical benefits.

For more than two decades, the Siegel Law Group, P.A., has served families, seniors, and their loved ones throughout South Florida. Call today to schedule a free, in–office consultation.

Call or text 561-955-8515 or complete a Free Case Evaluation form