Florida law continues to provide little to no legal rights for unmarried but committed couples. Unlike married spouses, unmarried partners are not automatically granted inheritance rights, medical decision-making authority, or legal protections upon a partner’s incapacity or death. This legal gap makes comprehensive estate planning essential for committed couples who are not legally married.

Without a properly executed estate plan, a surviving partner may be left with no rights to shared property, decision-making authority, or access to benefits. Florida does not recognize common law marriage, and under Florida’s intestacy statutes, only legally recognized spouses and blood relatives are considered heirs.

With proper planning, unmarried couples can establish legal rights, protect one another’s interests, and ensure that their wishes are respected.

Florida Statutes, including Chapters 732 (Intestate Succession), 765 (Advance Directives), and 744 (Guardianship), do not recognize or protect unmarried partners unless they are specifically designated in legal documents. A surviving unmarried partner may be excluded from:

• Inheriting property without a Will or Trust
• Making medical decisions without a Health Care Surrogate designation
• Managing finances without a Durable Power of Attorney
• Remaining in a shared home or accessing shared assets not held in joint title

To avoid these risks, unmarried partners should take proactive legal steps.

Recommended Estate Planning Documents for Unmarried Couples

1. Last Will and Testament
   • Directs how property is to be distributed.
   • Names your partner as a beneficiary and personal representative (executor), if desired.
2. Revocable Living Trust
   • Allows more control over asset distribution and avoids probate.
   • Can provide for your partner both during life and after death.
3. Durable Power of Attorney
   • Grants your partner the ability to manage your finances, real estate, and legal matters.
4. Designation of Health Care Surrogate & HIPAA Authorization
   • Legally names your partner to make health care decisions and access medical information.
5. Living Will
   • States your wishes regarding life-sustaining treatment and end-of-life care.
6. Pre- or Post-Relationship Property Agreement
   • Clarifies ownership, contributions, and division of property.
   • Helps avoid disputes or confusion, especially in blended families.
7. Beneficiary Designations
   • Review and update life insurance, retirement accounts, and payable-on-death (POD) or transfer-on-death (TOD) designations.

Additional Legal Considerations

• Joint Ownership with Rights of Survivorship
  • Real estate, vehicles, and bank accounts titled jointly can pass directly to the surviving partner without probate.
• Domestic Partnership Registries
  • Some Florida counties (e.g., Miami-Dade, Broward, Palm Beach) allow registration, which may help access hospital visitation and local benefits.
• Differences in Tax Treatment
  • Unmarried couples are not entitled to spousal exemptions under federal gift and estate tax laws. Planning should address these tax implications.
• Multiple Residences and Domicile Issues
  • Couples with properties in multiple states may face complex questions about governing law and domicile. Legal planning should address which state’s laws apply.
• Employee and Insurance Benefits
  • Review employer policies regarding domestic partner benefits. County forms or Domestic Partnership Agreements may help establish eligibility.
• Adult Adoption (In Rare Cases)
  • In limited situations, adult adoption has been used to create legal family status, but this approach is controversial and may not be suitable for most couples.

The “Wild West” of Estate Planning for Unmarried Couples

With no default legal protections, estate planning for unmarried couples requires careful customization. As one legal commentator noted, it is a “tabula rasa” where the law provides no safety net but also few limitations. That makes good planning both critical and empowering. The foregoing is a paraphrased legal principle attributed to thought leaders like L. Paul Hood, Jr., J.D., LL.M., a nationally recognized estate planning expert.

Unmarried partners must be proactive in creating the legal structure to:

• Control asset distribution
• Avoid probate
• Secure health care and financial authority
• Minimize taxation
• Protect each other’s future

The foregoing is a brief and general overview of the topic and the need for specific and experienced legal and tax advice is emphasized.

Need Help? Contact Us Today

If you or someone you know is in a committed relationship and wants to ensure they are protected under Florida law, contact CASERTA & SPIRITI in Miami Lakes, Florida. Our experienced attorneys can assist you with customized estate plans tailored for unmarried couples, whether part-time or full-time residents of Florida.

We are here to help secure your relationship, assets, and peace of mind for the future.

A Power of Attorney (POA) is a critical legal tool that allows one person (the agent or attorney-in-fact) to act on behalf of another (the principal) in a range of legal, financial, or health care matters. In Florida, POAs are governed by Chapter 709 of the Florida Statutes, with major revisions enacted in 2011 to create greater clarity, consistency, and legal enforceability.

However, despite Florida law permitting broad delegation of authority, the effectiveness of a POA may be limited when dealing with certain state agencies or financial institutions. Some agencies may impose additional conditions, require specific forms, or even reject a POA altogether depending on their internal protocols.

1. Florida State Agencies and Powers of Attorney

Most Florida state agencies will recognize a properly executed Florida POA but may impose additional documentation or authorization requirements before acting upon it. These may include:

• A certified copy or original of the POA document.
• Specific language in the POA authorizing the relevant action (e.g., applying for benefits, transferring property, managing accounts).
• Notarization and two witnesses, as required by Florida law.
• Use of agency-specific forms, particularly in Medicaid applications through the Florida Department of Children and Families (DCF).

Example: Florida Department of Children and Families (DCF)
While DCF may accept a POA to apply for Medicaid long-term care benefits, the following conditions usually apply:

• The POA must explicitly authorize the agent to apply for government benefits or conduct Medicaid planning.
• The agent may be required to complete and submit DCF-specific forms (e.g., Form CF-ES 2505).
• If DCF suspects fraud or exploitation, they may reject the POA and request court oversight.

2. Medicaid & Long-Term Care Planning in Florida

A POA is often essential when applying for Florida Medicaid benefits for long-term care, but not all POAs are created equal.

Under Fla. Stat. § 709.2202, certain powers must be expressly granted for the POA to be valid for Medicaid planning:

• The authority to create, amend, or revoke trusts.
• The authority to make gifts or asset transfers.
• The authority to change beneficiary designations.
• The authority to apply for public benefits.

These are often referred to as “superpowers,” and a generic POA lacking this language is likely to be rejected for Medicaid planning purposes—even if durable and otherwise valid.

3. Financial Institutions & Resistance to Powers of Attorney

Despite state law, banks, brokerages, and insurance companies may resist honoring POAs. This resistance often stems from concerns about fraud, outdated documents, or unclear language.

Florida law addresses this under Fla. Stat. § 709.2120, which provides that:

• Financial institutions can be compelled by a court to accept a valid POA.
• Institutions may be held liable for unreasonable refusal to honor a properly executed POA.

Still, delays and rejections can happen. To minimize issues:

• Use a recently executed POA.
• Include clear and specific authority for financial actions.
• Present original or certified copies with valid ID &/or Supporting Affidavit.
• Keep the language comprehensive and up to date.

To be clear, if necessary- When we say, “Present original or certified copies with valid ID,” it means:

• Original or certified copy of the POA: Bring either the original signed Power of Attorney document or a certified copy issued by the attorney or notary public. A certified copy is one that is officially verified as a true and accurate copy of the original.
• Valid ID: The agent (person using the POA) should bring a government-issued photo ID (like a driver’s license or passport) to prove their identity when presenting the POA to a bank, agency, or institution.

This combination helps the institution confirm that both the document is legitimate and the person presenting it is authorized to act on the principal’s behalf.

Supporting Affidavit, an Affidavit in support of a Power of Attorney (POA) that complies with Florida law, particularly Fla. Stat. § 709.2119 can also be a very useful tool to help avoid delays, rejections, or misunderstandings, particularly with financial institutions, government agencies, or third parties who may be cautious or reluctant to honor the POA.

4. Durable Power of Attorney vs. Guardianship

A well-drafted Durable Power of Attorney is a key safeguard against the need for court-ordered guardianship. If a person becomes incapacitated and lacks a valid POA, or if their POA is too narrow or not accepted, families may be forced to petition the court for guardianship, a costly and intrusive legal process.

Key Takeaways

• A Florida POA must comply with Fla. Stat. § 709.2101 et seq. and be specific in the authority it grants.
• Medicaid and long-term care planning require POAs with explicit “superpowers” under Florida law.
• State agencies may impose form or documentation requirements, and federal agencies (like SSA or VA) may not accept POAs at all.
• Financial institutions may resist POAs unless they are recent, specific, and properly certified.
• A strong POA can prevent the need for guardianship if executed properly and timely.

Need Help with Your Power of Attorney?

Navigating Florida POA laws and ensuring your documents are accepted by banks, DCF, or other institutions can be complicated. Experienced attorneys, including those at Caserta & Spiriti, can help individuals and families draft comprehensive, legally sound Powers of Attorney and other estate planning documents that hold up under real-world scrutiny.

The foregoing is a brief and general overview of the topic and the need for specific and experienced legal and tax advice is emphasized.

Whether a Florida resident is preparing for Medicaid, managing finances for a loved one, or planning for future incapacity, CASERTA & SPIRITI in Miami Lakes, Florida is here to guide them and secure their peace of mind.

Powers of Attorney (POAs) are powerful legal instruments prepared under state law that allow one individual (the “principal”) to authorize another (the “agent” or “attorney-in-fact”) to make decisions on their behalf. While POAs are widely recognized in Florida and are extremely useful for managing personal, financial, and health care matters, they are not always accepted by federal agencies. Understanding these limitations is essential for proper estate and elder care planning.

1. Powers of Attorney vs. Federal Agencies

POAs created under Florida law may be effective for many purposes, but federal agencies often require separate, agency-specific authorizations. The following is how the POA interacts, or does not, with several major agencies:

A. Social Security Administration (SSA)

• Does NOT accept POAs.
• Instead, the SSA requires a Representative Payee to manage Social Security benefits for individuals deemed incapable of managing their own finances.
• To become a representative payee, one must contact their local SSA office and go through an application and vetting process.
• Funds must be deposited into a separate account titled in the name of the beneficiary, using the beneficiary’s Social Security number, not the representative’s.
• For information: www.ssa.gov/payee

If you are helping a loved one file for benefits or handle appeals, the SSA allows you to become an Authorized Representative by submitting Form SSA-1696.

B. U.S. Department of Veterans Affairs (VA)

• Like SSA, the VA does not honor standard POAs for managing veteran’s benefits.
• If a veteran or their surviving spouse is declared incompetent, the VA appoints a fiduciary to handle VA benefits.
• A thorough investigation is conducted before appointment.
• Fiduciaries must file annual accountings and retain receipts for all transactions.
• For more information: benefits.va.gov/fiduciary

C. Medicare (Centers for Medicare & Medicaid Services)

• Medicare requires written or verbal authorization to release personal health information to a caregiver.
• Verbal authorization may suffice for basic inquiries, but a standing authorization is strongly recommended.
• To obtain ongoing access, complete the 1-800-MEDICARE Authorization Form or Form CMS-1696 (used for appeals or coverage determinations).

D. Other Federal Agencies

• Agencies such as the Office of Personnel Management (OPM) and the Railroad Retirement Board (RRB) also require appointed representative payees rather than relying on POAs.
• IRS (Internal Revenue Service) – The IRS does not accept a general POA. Instead, agents must complete IRS Form 2848 (Power of Attorney and Declaration of Representative) to represent a taxpayer.
• Each agency may have unique rules for handling incapacity or representation.

2. What POAs Cover and Do not Cover

• A Florida Durable Power of Attorney typically allows an agent to handle:
  • Real estate transactions
  • Banking
  • Insurance matters
  • Lawsuits
  • Government benefits (when allowed by state agencies)
  • Health care decisions (if covered under a separate Health Care Surrogate designation)
• Limitations: POAs do not automatically grant access to:
  • Federal benefits (SSA, VA, etc.)
  • Some state-managed retirement benefits
  • Private insurance communications (without their specific authorization forms)

3. Best Practices for Caregivers and Families

• Create and maintain up-to-date POAs and other estate planning documents while the principal still has capacity.
• Apply for representative payee or fiduciary status where required.
• Keep meticulous records of transactions if acting on behalf of a beneficiary.
• Use separate accounts for SSA and VA benefits as required by law.
• Be prepared to provide copies of authorizing documents frequently.

4. Practical Tips for Navigating Bureaucracies

• Be patient and persistent.
• Politely escalate to a supervisor when necessary.
• Contact legal counsel if you are facing continued resistance or unclear requirements.
• Keep extra copies of all legal documents readily available, including POAs, health care surrogates, and benefit authorizations.

Conclusion

Serving as a caregiver or advocate for a loved one is both an honor and a responsibility. Understanding the limits of a Power of Attorney, especially when dealing with federal agencies, is crucial. Proper planning, documentation, and agency-specific authorizations will help you manage your loved one’s affairs effectively and lawfully.

For help preparing Powers of Attorney, navigating agency-specific requirements, or handling estate planning, contact an experienced Florida attorney.

The foregoing is a brief and general overview of the topic and the need for specific and experienced legal and tax advice is emphasized.

If you have questions about creating a Power of Attorney, an estate plan, or any related legal matter, contact the experienced attorneys at CASERTA & SPIRITI in Miami Lakes, Florida.

Guidance for Florida Seniors and Their Families
Elder Law is a specialized area of legal practice focused on the unique needs of senior citizens and their families. In Florida, where a sizable portion of the population is over sixty-five (65), Elder Law plays a vital role in helping individuals navigate complex legal, financial, and healthcare-related issues as they age.
Florida Elder Law Attorneys are eager to assist Florida seniors with a wide range of legal matters—from Medicaid planning and asset protection to guardianship and estate planning.

The Scope of Elder Law in Florida
Elder Law is a broad legal umbrella that encompasses several key areas, including:

• Medicaid Planning and Benefits.
• Asset Protection and Estate Planning.
• Advance Directives (such as Living Wills and Health Care Surrogates).
• Powers of Attorney (financial, property management, etc.).
• Guardianship and Conservatorship.
• Probate and Trust Administration.
• Elder Exploitation and Undue Influence Cases.
• Long-Term Care Planning and Nursing Home Issues.
• Retirement and Employment Benefits.
• Disability and Public Benefits Law.

Whether you are preparing for your future, caring for an aging loved one, or dealing with an unexpected crisis, Elder Law offers legal solutions tailored to your specific stage of life.

Why Florida Residents Need an Elder Law Attorney
While some aspects of Elder Law are governed by federal statutes—such as the Older Americans Act of 1965—many legal issues vary significantly from state to state. In Florida, for example, laws related to Medicaid eligibility, guardianship requirements, and probate administration have unique features that require specialized local knowledge.
Attempting to plan for Medicaid or create an estate plan without qualified legal guidance can result in costly errors, disqualification from benefits, or unintended consequences for your heirs. Experienced Florida Elder Law attorneys help Florida residents as follows:

• Qualify for long-term care benefits without losing your home or life savings.
• Prepare legal documents that reflect your wishes and protect your rights.
• Avoid family disputes with clear, enforceable estate plans.
• Respond to financial exploitation, neglect, or undue influence.
• Navigate the probate process or establish appropriate guardianship for a loved one.

Estate Planning and Intestate Succession in Florida
One of the most common concerns among Florida seniors is how their estate will be distributed. If someone dies intestate—without a valid Will—Florida law dictates that their surviving spouse typically receives priority over their children, which can be problematic in blended families or separated-but-not-divorced relationships.
Creating a Last Will & Testament, along with other essential estate planning documents such as a Durable Power of Attorney, Health Care Surrogate, and Revocable Trust, helps ensure that your wishes are respected and your assets are protected.

Guardianship: Protecting the Vulnerable
Guardianship is another critical area of Elder Law in Florida. Seniors often become guardians of their grandchildren, or alternatively, may require a guardian themselves due to dementia, illness, or incapacity. If a senior has not executed a Durable Power of Attorney or other advance directives before becoming incapacitated, the court may need to appoint a guardian to manage their affairs.
An Elder Law attorney can assist with both establishing guardianship and updating estate plans to reflect a senior’s preferences regarding care and custody, especially for minor children or incapacitated adults.

Elder Law and Long-Term Care
As Florida seniors consider nursing homes, assisted living facilities, or in-home care, Elder Law attorneys can provide invaluable support in evaluating care options, reviewing facility contracts, and identifying red flags of potential neglect or financial exploitation. Elder Law attorneys also help families understand how to legally preserve assets while qualifying for long-term care assistance under Medicaid.

Speak with a Florida Elder Law Attorney Today
The legal issues facing seniors can be emotionally and financially complex. With the growing number of older adults in Florida, Elder Law will only continue to increase in importance. Having an experienced Elder Law attorney by your side ensures that your future, your assets, and your loved ones are protected.
The foregoing is a brief and general overview of the topic and the need for specific and experienced legal and tax advice is emphasized.
If you have questions or need legal assistance related to Elder Law, and/or other legal concerns, contact the law firm of CASERTA & SPIRITI in Miami Lakes, Florida. The firm and its attorneys are here to provide compassionate guidance and practical legal solutions tailored to your needs.

Understanding the Process and Protecting Your Loved One’s Legacy

When a loved one passes away in Florida and/or is a deceased Florida resident, their estate often must go through the probate process. Probate is a court-supervised legal procedure that ensures the deceased person’s assets are properly identified, their debts are settled, and any remaining assets are distributed to the rightful heirs or beneficiaries.

It is understood that dealing with legal and financial matters after a loss can feel overwhelming, especially when grieving. Hiring an experienced Florida probate lawyer can ease that burden and help avoid unnecessary delays, disputes, and costly mistakes.

What Is Probate in Florida?

Probate is required in most cases when someone passes away owning assets in their name alone. The process begins by validating the Last Will & Testament (if there is one) and then administering the estate according to that Will or, if no Will exists, according to Florida’s intestate succession laws.

Depending on the complexity of the estate and whether disputes arise, probate can take anywhere from six months to several years. If there is no Trust, Lady Bird Deed, and/or Beneficiary Designations (all three explained in other articles), common estate assets that may require probate include:

• Real estate,
• Bank accounts,
• Businesses,
• Investment accounts,
• Vehicles,
• Jewelry and other valuables,
• Personal property.

What Does a Probate Lawyer Do?

A probate attorney represents the estate and assists the appointed Personal Representative (also known as the Executor) with navigating the legal process. They ensure all statutory requirements are met and help protect the estate from errors, delays, and potential legal challenges.

A Florida probate lawyer can assist with:

• Filing the Will with the court and validating its authenticity,
• Identifying, gathering, and appraising assets,
• Notifying beneficiaries, heirs, and creditors,
• Paying final bills, debts, and taxes,
• Handling disputes or contested Wills,
• Distributing assets and retitling property,
• Closing the estate once administration is complete.

What If There Is No Will?

If the deceased did not leave a valid Will, the estate is considered intestate and must still go through probate. In this case, Florida law will determine who receives the estate’s assets, typically starting with the surviving spouse and/or closest blood relatives. A probate attorney can guide the family through this process and ensure that the correct parties receive to what they are legally entitled.

Why You Should Consider Hiring a Probate Lawyer

Probate in Florida is a detailed process involving court filings, legal deadlines, and financial responsibilities. Without legal assistance, mistakes can easily occur, leading to delays, increased costs, or even legal disputes. A probate attorney can:

• Help the Personal Representative fulfill their fiduciary duties,
• Prevent errors that could result in personal liability,
• Facilitate communication with beneficiaries and creditors,
• Provide peace of mind during a difficult time.

Additionally, if a Will is contested or a dispute arises among heirs or beneficiaries, having a seasoned probate litigator can make all the difference in protecting your rights and resolving the matter efficiently.

Let An Experienced Attorney Help You Through the Probate Process

At CASERTA & SPIRITI, our experienced probate attorneys are committed to helping families throughout Florida manage the probate process with care, efficiency, and compassion. Whether your loved one left a Will or died intestate, we are here to guide you throughout the process.

The foregoing is a brief and general overview of the topic and the need for specific and experienced legal and tax advice is emphasized.

If you have questions about probate, any estate-related matter, or any other legal concern, please contact our Miami Lakes office today. We are here to assist you during life’s most challenging moments.

Do you want to have control over what happens to your own healthcare? If so, it is imperative that a Florida resident develop a plan for incapacity. As can be expected, there may come a time when individual Florida residents may not be in a position, either temporarily or permanently, to make their own medical decisions. In fact, the Centers for Disease Control and Prevention (CDC) reports that approximately 1 in 4 people will be incapacitated at some point during their lifetime. A Florida Living Will or Advance Directive is necessary. This guide provides a brief and general overview of making your healthcare wishes known.

What is a Living Will?

A Living Will in Florida is a legal document that allows an individual to state their wishes regarding medical treatment or care, especially life-sustaining procedures, in the event they become unable to make their own decisions. In other words, a Living Will clarifies how you want your healthcare to be handled in the event of incapacity. Most often, a Living Will addresses decisions about life-sustaining treatments and end-of-life care. However, the document may address a wide range of other healthcare matters as well. By clearly and unambiguously stating your choices in advance (when you are of sound mind), a Living Will can not only assure or safeguard that your wishes are followed, but it can also reduce the stress and strain placed on loved ones.

How to Create a Living Will in Florida

Creating a Living Will in Florida involves several essential steps to ensure it is legally valid and accurately reflects your medical care preferences.

1. Know the Law: In Florida, a Living Will must be in writing, signed, and witnessed by two people. At least one witness cannot be your spouse or a blood relative.
2. Speak to Your Doctors: Consult with your physician to discuss medical scenarios and treatment options to help you make informed decisions.
3. Clarify Your Preferences: Decide on your wishes regarding medical care, including life-support measures, artificial nutrition and hydration, and organ donation.
4. Get a Lawyer to Draft the Living Will: Once you decide on your preferences, an experienced Florida estate planning attorney can and should properly draft a Living Will to ensure clarity and legal compliance.

What Should You Address in a Living Will?

A well-prepared Living Will outlines specific medical issues and personal preferences regarding treatment. Consider addressing the following provisions:

• Life-Sustaining Treatment: Specify whether you want treatments like mechanical ventilation, dialysis, or other measures that prolong life in the event of terminal illness or permanent unconsciousness.
• Resuscitation Preference: Indicate if you want cardiopulmonary resuscitation (CPR) performed if your heart stops beating or if you prefer a “Do Not Resuscitate” (DNR) order.
• Pain Management: Outline your preferences for pain relief, including the use of strong medications such as opioids, even if they may hasten the natural process of dying.
• Nutrition and Hydration: Clarify your wishes regarding artificial feeding and hydration through feeding tubes or IV lines if you cannot eat or drink on your own.
• Organ and Tissue Donation: State your choices regarding organ and tissue donation, including any restrictions you wish to impose.

All Medical Needs Cannot Be Anticipated: Consider a Healthcare Proxy or Surrogate

A Living Will is an essential estate planning document, but it cannot address every possible medical scenario. Advances in medical treatments, unexpected emergencies, or unique medical conditions may arise, requiring flexibility in decision-making.

A Healthcare Proxy or Surrogate (or medical power of attorney) is the solution. This designated individual is authorized to make healthcare decisions on your behalf if you become unable to do so. Unlike a Living Will, a Healthcare Proxy can adapt to changing circumstances and provide input based on the latest medical advice and your known values. Importantly, a Healthcare Proxy cannot override your Living Will but can make decisions where your written instructions are unclear or incomplete.

How Estate Planning Lawyers Can Help You with Healthcare Planning

Estate planning is beyond asset distribution; it also includes essential healthcare planning. Setting up a Living Will ensures that your medical care aligns with your wishes and relieves your loved ones of difficult decision-making burdens. If you need assistance in drafting a Living Will or designating a Healthcare Proxy or Surrogate, consult with an experienced estate planning attorney to ensure that your preferences are legally documented and enforceable.

The foregoing is a brief and general overview of the topic and the need for specific and experienced legal and tax advice is emphasized.

If you have any additional Questions regarding the foregoing or have any legal issue or concern, please contact the law firm of CASERTA & SPIRITI in Miami Lakes, Florida.

Long-term care costs are extremely expensive. According to the latest data from the Florida Health Care Association (FHCA), the median cost of a private room in a nursing home has now increased to six figures. As Medicare provides little long-term care coverage, it is imperative that Florida seniors utilize the right Medicaid planning strategy to protect their assets. The following are a few key factors to consider when determining one’s asset protection through proactive Medicaid planning.

Medicaid Covers Long-Term Care, Not Medicare (Why it Matters)

Knowing how expensive long-term care costs can be, each elder resident may have an important question: Can a senior citizen in Florida access public benefits to help cover long-term care costs? The answer is yes—but only when certain financial requirements are met. Here is the major issue:

• Medicaid, not Medicare, covers most long-term care expenses in the United States.

Understanding the distinction between Medicare and Medicaid is crucial for senior citizens who are trying to make viable financial plans for their future long-term care needs.

• Medicare, a federal health insurance program, primarily covers hospital stays, doctor visits, and short-term rehabilitation services. This program does not cover long-term care in nursing homes or assisted living facilities.
• Medicaid provides long-term care coverage. However, qualifying for Medicaid is not automatic. For many seniors in Florida, Medicaid eligibility is by no means straightforward. The Medicaid program has both strict income limits and strict asset limits.

Without proper planning, seniors in Florida may be exposed to the high costs of long-term care, which can quickly deplete their savings.

What You Need to Know About the Medicaid Spend Down Requirement

The Medicaid spend-down requirement is one of the most important concepts that senior citizens in Florida need to be aware of. If your income or assets exceed Medicaid’s eligibility limits, the senior will be required to “spend down” their excess assets to qualify for Medicaid benefits. However, Medicaid has strict guidelines on acceptable expenditures.

• The senior can spend down assets by paying off debts, making home improvements for medical needs, purchasing exempt assets, or prepaying funeral expenses.
• The senior cannot simply gift money to loved ones to meet Medicaid requirements. Any remaining assets above the limit will be used to pay for long-term care before Medicaid steps in. Further, income may be imputed to the senior on improperly made gifts, among others.

How Proactive Medicaid Planning Can Protect a Senior Citizen’s Assets

As stressful and confusing as it can be for seniors and their families to navigate long-term care, proactive planning can help protect assets. A top-tier Florida estate planning attorney who has experience in Medicaid planning can help determine the best course of action. It is recommended by many experienced attorneys to start Medicaid planning at least five years in advance. Strategies include:

• Home Equity Protection/Exemption: Medicaid allows a senior to protect or exempt up to $713,000 of home equity in 2024 & $730,000 in 2025. Paying off a mortgage or making qualifying home improvements can help.
• Early Gifting (Five-Year Lookback): Transferring assets to family members or a trust more than five years before applying for Medicaid can help protect wealth.
• Medicaid Trusts (Five-Year Lookback): An irrevocable trust shields assets from Medicaid eligibility calculations, but the same five-year lookback rule applies.
• Medicaid-Compliant Annuities: These convert liquid assets into an income stream, making them non-countable assets for Medicaid eligibility.
• Personal Care or Services Agreements: A formal agreement where a senior pays a family member for caregiving services can justify asset transfers under Medicaid rules.

Why Trust Florida Estate Planning and Elder Law Attorneys?

Medicaid planning is exceptionally complicated. If you have questions about your options or need guidance, an experienced estate planning and elder law attorney can help you navigate the process.

The foregoing is a very brief and very general overview of the topic and the need for specific and experienced legal and tax advice is emphasized.

If you have any additional questions regarding the foregoing or have any legal issue or concern, please contact the law firm of CASERTA & SPIRITI in Miami Lakes, Florida.

Florida Statutes § 709.2202 outlines specific powers under a Power of Attorney (POA) that require the Principal’s separate signed or initialed authorization before an Agent can exercise them. This ensures that the Principal explicitly consents to granting significant financial or estate-related powers to the Agent. The Principal is the person who creates the Power of Attorney and delegates their authority to another person. The Agent is the person who is granted the power to act on behalf of the Principal.

Key Takeaways from § 709.2202 in Florida:

1. Explicit Consent Required – The Principal must sign or initial next to each power listed in § 709.2202 for the Agent to have that authority.
2. Critical Financial & Estate Actions – These include:
   • Creating, modifying, or revoking a trust.
   • Making gifts on behalf of the Principal.
   • Changing rights of survivorship or beneficiary designations.
   • Waiving survivor benefits (e.g., retirement plans).
   • Disclaiming inheritances or assets.
3. Restrictions on Non-Family Agents – If the Agent is not a spouse, ancestor, or descendant, they cannot use these powers to benefit themselves or those they support.
4. Notary Assistance for Physically Incapacitated Principals – If a Principal cannot physically sign, a notary public can sign on their behalf with specific legal safeguards.
5. Does Not Apply to Pre-2011 POAs – This statute does not affect POAs executed before October 1, 2011.

Why This Matters for POA Holders in Florida

This statute prevents abuse by ensuring that major financial and estate decisions are not left to a general POA but instead require clear and deliberate consent from the Principal. If a POA document does not meet these requirements, certain actions, such as gifting assets or changing beneficiaries, may be legally invalid.

The foregoing is a very brief and very general overview of the topic and the need for specific and experienced legal and tax advice is emphasized.

If you have any additional Questions regarding the foregoing or have any legal issue or concern, please contact the law firm of CASERTA & SPIRITI in Miami Lakes, Florida.