Elder Law in Florida

Elder law encompasses numerous areas and answers many questions that concern senior citizens in Florida.  Elder law is essentially a legal practice which deals with issues affecting senior citizens. Elder law is a broad umbrella and may include advocating for elders in exploitation and undue influence cases, Medicaid planning, Asset Protection and Estate Planning, Advance Directives, Guardianship, Probate and Trust Administration matters, among others. Many of the most frequent questions are related to estate planning and come from seniors who are interested in Medicaid or other benefits planning regarding their estate.  Florida residents should not attempt this planning without the assistance of an experienced attorney.

To ensure that individuals do not jeopardize their own assets, these seniors are increasingly seeking Elder law attorneys for advice and assistance in planning their estates. The demand is increasing in this area of practice, and it is anticipated that a rise in the number of senior citizens within the general population who will need Elder law answers in the coming years, one is likely to see an increase in the number of estate planning and Elder law attorneys.  In fact, estate planning and Elder law could eventually become a stand-alone legal specialty in the future, as there will be so many challenges in this area.

Another set of questions that Elder law answers has to do with state benefits for seniors, particularly Medicaid.  Common questions in this area are usually about eligibility for Medicaid and the amount of benefits due. These questions can be effectively addressed by Elder law, with the aid of an Elder law attorney.

Still, another set of questions that Elder law answers has to do with nursing homes and assisted living facilities, such as questions about finding the right home for themselves or a loved one, questions about being financially exploited by a nursing home, questions about nursing home neglect, and so on. Nearly all of these are questions can be answered through Florida Elder law.

Furthermore, Elder law answers questions about employment and employment discrimination of senior citizens and questions about work-related benefits, such as pensions and other retirement benefits as well. While these are legal issues which are addressed by other branches of law such as Labor or Employment law, they can also become the subject of Elder law since they are almost exclusively affecting senior citizens.

Legal issues regarding elder care, Medicaid eligibility, and estate planning can be complex, confusing, and difficult to understand. 

Elder law in Florida is something that senior citizens and their families should learn about. While Elder law is at times nationally oriented, starting with Federal law pursuant to the Older Americans Act of 1965; many aspects that are covered under Elder law vary from state to state. Consequently, Florida Elder law may be different from that of another state.  Some of the primary issues related to Elder law include Powers of Attorney, Estate Planning, Guardianship, and matters which deal with Medicaid and other disability benefits planning or issues. Provisions for all these matters can and do vary by state.

When it comes to Elder law in Florida, one of the most important aspects one must know is how Florida Elder law approaches estate planning. For example, under Florida inheritance law, if a resident dies intestate, i.e., without a Last Will, their spouse will usually get priority in the distribution of their estate, even before their own children. This may be a problem in certain situations, such as when a couple separates but never gets a legal divorce.  The most effective way to avoid this issue is by making a Last Will & Testament.  If a person is a senior citizen, they may want to consider hiring an Elder law attorney, who will assist them in preparing a Last Will and other Estate planning documents, since estate planning for senior citizens has a number of unique aspects and can prove to be costly if mistakes are made.

In Florida, a significant issue for many seniors is that of Guardianship, particularly with so many seniors taking Guardianship over their grandchildren.  Florida’s qualifications for guardianship are not very different from those of other states, but there are some important requirements of which many people may not be aware. An Elder law attorney can help them revise their Last Will to include preferences for persons with whom the subject minor child should live with after their death.  There are also many times Guardianship of the elder needs to be pursued because of dementia, illness, or incapacity. Guardianship for an elderly person typically results from the said party not executing a Durable Power of Attorney before becoming incapacitated.

The foregoing is a brief and general overview of the Elder law in Florida. 

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.