FAQs About Elder Law

In What Legal Areas Can An Elder Law Attorney Assist?

Elder law attorneys act as an advocate for the elderly and their loved ones, ensuring that their legal rights and interests are protected. Areas of elder law include:

• Financial planning
• Wills and estate planning
• Asset protection
• Powers of attorney
• Guardianship
• Elder abuse and neglect
• Medicaid planning
• Government and private health benefits
• Strategies and budgets for long-term care facilities
• Probate and estate administration

Issues in these areas can jeopardize your loved ones’ golden years. By leveraging the knowledge and experience of an elder law firm in Florida, you can anticipate and mitigate many potential problems that threaten a happy future for your loved ones and your family.

Does Medicaid Cover Nursing Homes?

Laws vary by state, but in Florida, Medicaid benefits can be used to cover long-term care costs in nursing homes, assisted living facilities, or in-home nursing care. This level of protection ensures that your loved one’s needs are met, including a safe environment with a clean room, meals, medical supplies, and skilled supervisory care.

There are eligibility requirements that must be met to qualify for Medicaid. The requirements are:

• Be age 65 or older (exceptions for some disabilities)
• Be a resident of Florida
• Be a U.S. citizen (or meet non-citizenship legal qualifications)
• Have assets and income not exceeding the state’s legal limit

If your loved one has assets and income above Florida’s legal limit, they could still qualify for Medicaid under a “medically needy” exception, which applies to individuals who are blind or have other medically recognized disabilities.

What is the Difference Between a Will and a Living Will?

Most people are familiar with a Will. It is a document that outlines instructions about how an estate should be distributed after someone passes. A Will can also contain instructions for guardianship and other estate planning tools, depending on your situation.

On the other hand, a Living Will contains directives to be carried out while one is still alive but incapacitated or terminally ill. This information includes what, if any, medical treatment should be administered when a person can no longer make those decisions on their own.

These instructions can have life-or-death implications. For example, a Living Will might contain instructions to avoid resuscitation after a catastrophic injury under specified conditions.

How Do Elder Law Attorneys Help with Estate Planning and Asset Protection?

Your loved ones have spent a lifetime acquiring assets and growing their net worth, but a nest egg can be wiped out without careful planning, especially in a nursing home scenario. Elder law attorneys help by assessing threats and taking preventive steps to help ensure your loved ones’ golden years are not marked by financial frustration or unwelcome surprises.

Elder law and estate planning attorneys advise clients on creating and managing Trusts, drafting Wills, and making arrangements for long-term care insurance. Proactive planning can protect assets and ensure that your loved one’s wishes are carried out appropriately.