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Elder Law Services in Boca Raton, Florida
As we age, we may discover that we can no longer make our own decisions or manage our own affairs due to declining health or other factors. For older Americans, it can be a frightening and strefssful experience, not only for them but also for their families. Without proper planning, your family could struggle with uncertainties pertaining to your health care and financial matters. Elder Law and Long-Term Care Planning empower you to control your future. With the help of an Elder Law attorney, you can prepare to make sure your wishes can be carried out if you cannot make decisions for yourself.
At The Siegel Law Group, P.A., our experienced Elder Law attorneys can guide you through the process of establishing a plan that addresses your unique needs and goals, including Long-Term Care Planning, Asset Protection and end-of-life decision-making. Implementing a comprehensive Estate Plan offers you the peace of mind of knowing that trusted loved ones can make informed decisions on your behalf, in accordance with your wishes. Contact us today to schedule a free consultation.
Key Takeaways Regarding Elder Law in Florida
- Elder Law attorneys help older adults plan proactively so they can age with dignity while preserving their savings and assets for their family legacy
- How Elder Law attorneys can aid with Long-Term Care Planning, Asset Protection, Medicaid planning, and legal document drafting
- Various tools and strategies used by Elder Law attorneys and their clients, including Trusts and other legal instruments
- Assessing and tailoring Long-Term Care Planning strategies related to Medicaid
- Understanding how an Elder Law attorney can meet the needs of older adults and their families in Florida
How Do Older Adults and Their Loved Ones Benefit from Elder Care Law?
A knowledgeable and experienced Elder Law attorney offers older Americans and their loved ones comprehensive legal support for Asset Protection and Long-Term Care Planning and guidance on crucial matters like Medicaid and Estate Planning.
Seeking the assistance of an Elder Law attorney offers multiple benefits, including:
- Protection from Financial Abuse and Exploitation — Your Elder Law attorney can establish legal documents that protect you from potential financial abuse or exploitation should you ever become incapacitated.
- Solutions Based on Legal Knowledge and Experience — Experienced Elder Law attorneys have profound knowledge of legal issues affecting aging Americans, such as Estate Planning, Medicaid and avoiding Guardianship, enabling them to offer targeted legal advice and solutions tailored to the unique needs of older adults. Elder Law attorneys understand the legal issues related to seniors, aging adults and individuals with disabilities.
- Preservation of Your Assets — Through asset protection strategies, Elder Law attorneys help individuals safeguard their wealth from potential risks like long-term care expenses or creditors, protecting financial stability for the future.
- Securing Your Long-Term Care — With the help of an experienced Elder Law attorney, older Americans can prepare for potential health care needs, access vital services and navigate complex health care systems with ease.
- Plan Before an Emergency Occurs — You can create a plan and protect yourself before a crisis occurs in the future by designating a trusted individual or individuals with your care.
- Making Your Health Care Decisions in Advance — Elder Law attorneys can help older adults appoint Health Care surrogates and make informed decisions about their medical care, empowering them to maintain control over their health care choices in times of incapacity.
- Qualifying for Public Benefits to Pay for Care — Elder Law attorneys guide clients through the process of planning for Medicaid. They help older adults qualify for Medicaid benefits to cover long-term care costs while preserving assets and working to ensure access to necessary medical services. An Elder Law attorney can utilize a range of tools that may allow even high-net-worth individuals to access public benefits.
- Engaging in Thoughtful Estate Planning — Through Estate Planning services, Elder Law attorneys assist older adults in managing their assets, creating Wills, Trusts and Powers of Attorney and establishing a comprehensive Estate Plan to protect assets and facilitate wealth transfer according to their wishes.
Why Choose The Siegel Law Group, P.A
Our goal at The Siegel Law Group, P.A. is to help our clients and their families have better futures by addressing Elder Law concerns, preparing for life’s challenges through comprehensive Estate Planning and guiding personal representatives through the Probate process in Florida. We offer personalized solutions tailored to your needs while protecting your family’s legacy.
You can rely on our team to be here for you and by your side in the protection of your assets and interests:
- We often work with the family members of an elder seeking comprehensive planning for care, protection of assets and related considerations such as protection and distribution of assets in circumstances such as Probate.
- We take the important extra step of funding your Trust with your intended assets when we create your Trust, and we also routinely remind you in case you may have additional assets to fund.
- We do a review of your Estate Plan with you every three years, discussing any changes in relationships, finances or laws that may affect your plans or intentions.
- We educate our clients on bloodline planning to ensure children are in line for your assets when appropriate, preventing your assets from potentially being lost in divorces or blended family scenarios.
- Our firm conducts free post-death consultation and successor seminars to guide your family through the full process.
With over 22 years of experience, our esteemed Florida firm guides you through each step of the Estate Planning process and tailors a plan that prepares for your concerns, your needs and a legacy for your family. Hablamos español.
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What Does an Elder Law Attorney Do?
Elder Law attorneys focus on providing legal services and creating legal documents for older Americans that clearly express their wishes and direct their families in matters of health and finance should they become incapacitated and incapable of expressing them in the future. An Elder Law attorney helps aging individuals and their family members eliminate uncertainty and avoid legal issues related to medical treatments, financial exploitation and choices of Long-Term Care facilities and Long-Term Care services.
Based on the unique circumstances and desires of each individual, an Elder Law attorney may advise the following:
Long-Term Care Planning
As we age, we could incur high costs for medical care and long-term care, whether it involves home care or residency in a nursing home. The long-term planning process involves setting up legal frameworks and financial strategies to prepare seniors for any future needs related to extended health care services and support. Elder Law attorneys help their clients navigate complex legal matters such as Medicaid Planning, Special Needs Trusts, Power of Attorney, Wills and other essential documents like Living Wills and Health Care surrogates.
Protection of Assets
Elder Law attorneys help individuals safeguard their wealth from potential risks such as long-term care costs or creditors by incorporating asset protection strategies that may include creating Trusts, structuring the ownership of assets and utilizing available legal tools.
Planning for Medicaid
Elder Law attorneys help older adults navigate the complexities of planning for Medicaid, helping them to qualify for the program without depleting their assets. Through careful planning and compliance with Medicaid regulations, you can preserve your assets and access much-needed health care services.
Drafting of Legal Documents
Elder Law attorneys can draft the appropriate legal documents, including Wills, Trusts and Powers of Attorney to help seniors protect assets, designate beneficiaries and secure a smooth transition of wealth to future generations.
Foundational Elder Law Tools Employed by Elder Law Attorneys
Elder Care Law offers many options for planning. With the legal assistance of a seasoned Elder Law attorney, Florida residents can employ multiple legal tools, including:
Medicaid Asset Protection Trust
A Medicaid Asset Protection Trust (MAPT) is a type of Irrevocable Trust that protects assets from being counted toward the program’s asset limit. However, due to Florida’s look-back period, which spans five years, you must utilize this tool a minimum of five years before applying.
Irrevocable Funeral Trusts
Sometimes set up to pay for the Medicaid applicant’s funeral in advance, Irrevocable Funeral Trusts cannot be changed or canceled.
Spend Down
A spend down refers to spending excess assets by purchasing “excluded assets” or paying expenses.
Spousal Transfers
Spousal transfers are transfers of assets or income between a spouse in the nursing home and a spouse still residing in the outside community.
Qualified Income Trusts / Miller Trusts
Income over the limit is allocated into a Qualified Irrevocable Income or Miller Trust generally used to pay one’s medical bills and care.
Lady Bird Deeds
With a Lady Bird deed, the recipient of Medicaid retains ownership of their home during their lifetime. However, upon their death, the house is automatically transferred to the named beneficiary.
Durable Power of Attorney
If you become unable to make vital decisions about your finances, business and legal matters, would you trust the Court to appoint someone to make decisions for you?
A Durable Power of Attorney (DPOA) allows you to appoint a trusted loved one, known as your agent or attorney-in-fact, to handle these crucial matters if you become unable to handle them yourself. However, giving a loved one complete control of your financial decisions is a significant decision that should be made with the help of a seasoned Elder Law attorney.
Veterans Benefits Planning
The Veterans Administration (VA) provides several Veterans Benefits to senior citizens facing Long-Term Care, including financial assistance for medications and medical services. If you served in the Armed Forces, you may qualify for a Veteran Benefit or an Aid and Attendance Pension. Even if you didn’t retire directly from the military or suffer injuries in the line of duty, you could be entitled to seek benefits. However, application denials from the VA are common, and understanding the requirements can be challenging.
You may also qualify for benefits based on a service-related disability. Often, Veterans are not awarded the maximum benefit related to their disability, or their claims are wrongly denied. An accredited VA attorney can help you seek the full benefits you have earned.
If you’re concerned about Long-Term Care, our legal team will work with your specific needs and create a plan that may qualify you for Veterans’ and Medicaid benefits.
Guardianships
Guardianship should be a last resort, limited to cases where it’s not possible to employ less restrictive types of intervention. Individuals who require Guardianship could have dementia, Alzheimer’s disease, a developmental disability, chronic illness or other such conditions that create functional impairments. Before a Court will establish Guardianship, it must be established that the alleged incapacitated person (AIP) lacks capacity.
The term “Guardianship” refers to a legal relationship between the guardian, the person given authority and the ward, an individual whom the Court has declared legally incapacitated with some of his or her rights removed. Guardianship statutes in Florida provide procedures to safeguard the rights of individuals deemed incompetent, seeking to procure fair treatment and protection.
In its consideration of the needs of the ward, the Court may appoint a:
- Guardian of the Person — Guardians of the person can exercise only the personal rights that the Court has removed from the wards and delegated to the guardians.
- Guardianship of the Property — Property guardians are only allowed to act on rights delegated by the Court, not make decisions independently. Selling, transferring, mortgaging, or donating property requires Court approval. Any proposed transactions must be deemed appropriate by the Court for the ward’s benefit.
- Guardianship of the Person and Property — Guardians of the Person and Property have the Court’s approval to make decisions about the ward’s personal and property rights.
However, guardianship is a less-than-ideal situation you and your family can avoid with the proper forethought and proactive planning. An Elder Law attorney at our firm can help you pursue a preferred strategy to avoid guardianship. Schedule a free consultation with our experienced team so we can assess your family’s situation and identify the right alternative strategy for your future.
Wills and Trusts
Establishing Wills and Trusts can feel overwhelming, whether you’re in the planning stage or in the process of updating an existing plan. An experienced Elder Law attorney can collaborate with you to create legally sound documents that clearly express your wishes.
A Will, which becomes effective upon your death only long enough to make a one-time distribution to your beneficiaries, specifies how you want your assets and property to be distributed after your death. It must go through Probate before becoming part of the public record.
A Florida Living Will states whether you want to be on devices to prolong your life, under any of these three conditions:
- Terminal condition
- End-stage condition
- Persistent vegetative state
A Living Will alleviates the burden of making your healthcare and end-of-life wishes from your family members and upholds your preferences.
A Revocable Living Trust is a legal agreement in which one person holds onto assets or property within a Trust during their own lifetime for the benefit of another person who will be able to take ownership of the assets or property when the creator of the Trust dies. When properly funded, the assets a Revocable Living Trust contains avoid Probate. In contrast to assets that go through Probate and become a matter of public record, only your beneficiaries will know the contents of the Trust, which you can revoke at any point during your lifetime.
An Irrevocable Trust is a legal agreement in which the creator of the Trust gives ownership of their assets to a trustee who manages these assets for the Trust beneficiaries. When properly funded, an Irrevocable Trust avoids Probate. It protects assets against creditors, lawsuits, taxes, Long-Term Care costs and other threats. As the name suggests, it cannot be removed or revoked once it’s funded.
Special Needs Planning
If someone you love has a disability, you may worry about what will happen if you pass away before them. Special Needs Planning supports an individual with a physical, mental, emotional or behavioral disability.
When someone with a disability accepts SSI or Medicare, it places a limit on their savings and income. If they gain an inheritance or any large lump sum of money, it can jeopardize their benefits. Establishing a Special Needs Trust as part of your overall Estate Plan ensures this does not happen.
A Special Needs Trust holds funds for the benefit of your disabled loved one and manages the money on their behalf. Since they won’t have direct control over the funds, they remain eligible for Medicare and SSI benefits.
The funds in a Special Needs Trust are discretionary. While the beneficiary does not control how they are used, the trustee can use the money for the beneficiary’s benefit for various expenses, including education and books, vacations or travel, clothing, household furnishings and personal care items.
The Trust can pay for all these items and more while still allowing the beneficiary to accept SSI and Medicare to pay for medical care and housing.
Long-Term Health Care Planning
Long-term health care planning in Florida is a critical aspect for individuals looking to secure support for chronic conditions and ensure independence. It can encompass:
- Medicaid Long-Term Care Services: Medicaid in Florida offers various Long-Term Care services, including assisted living bed holds, move-in baskets and day trip meal reimbursements, catering to the needs of individuals requiring ongoing care and assistance.
- Statewide Medicaid Managed Care Program: The Statewide Medicaid Managed Care Long-Term Care (SMMC LTC) program provides essential services and support to Medicaid beneficiaries who qualify for nursing home placement.
Do I Need an Elder Law Attorney?
In Florida, only a licensed Elder Law attorney can provide you with all of your legal options for Medicaid Planning and Asset Protection, per Florida Statute 454.23. Furthermore, consulting an Elder lawyer who focuses on offering legal services to support individuals as they age can help you navigate Long-Term Care Planning options effectively.
However, when choosing an Elder Law attorney, dedication and experience matter. At The Siegel Law Group, our practice focuses on Estate Planning and Elder Law. We have been serving South Florida seniors and their loved ones for over 22 years. Our founder, Barry Siegel, was inspired to help others after watching his beloved grandmother spend down all her assets—until there was nothing left—to pay for care, because she did not have Long-Term Care insurance.
Barry believes people should be able to age with dignity and have their needs met as they get older, feeling like a joy and not a burden to their families. And they should be able to leave a proud legacy behind.
The Siegel Law Group, P.A. provides compassionate counsel and effective legal representation in the areas of Estate Planning, Elder Law, Probate and Trust Administration and much more.
Contact Us below or Complete Our Online Form
Call Us Today
(561) 955-8515
Contact Us below or Complete Our Online Form
Call Us Today
(561) 955-8515
The Siegel Law Group, P.A. Offers Protection for Your Loved Ones, Peace of Mind for You
With over 100 years of combined experience, The Siegel Law Group, P.A. in Boca Raton, Florida wants to guide you through every step involved in Elder Law. Our knowledgeable and dedicated Elder Law attorneys help South Florida families, seniors and their loved ones prepare for the future with personalized strategies.
Whether you need to create or update your Estate Plan, prepare for Long-Term Care, have a loved one entering or already living in a nursing home or need to develop a strategy for your business, we are here to assist you.
Contact us at (561) 955-8515(561) 955-8515 or complete our online form to schedule a complimentary consultation.
The Siegel Law Group, P.A. ~ Reviewing Estate Plans with our Valued Clients Every Three, Six and Nine Years to Keep Pace with Life’s Inevitable Changes.
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Areas We Serve
At The Siegel Law Group, our mission is to be your law firm for life… and beyond.
We help with Estate Planning, Elder Law and Probate & Trust Administration.
Serving clients in Boca Raton, Deerfield Beach, West Palm Beach, the Tri-County Area of Palm Beach County, Broward County Miami-Dade County — and throughout South Florida:
- West Palm Beach, Florida
- Miami, Florida
- Aventura, Florida
- Fort Lauderdale, Florida
- Boca Raton, Florida
- Palm Beach Gardens, Florida
- Coral Springs, Florida
- Coral Gables, Florida
- Plantation, Florida
- Naples, Florida
