What is Elder Law ?

Elder law is the holistic approach that addresses the legal issues involving elders and individuals with special needs and their families.  Elder law integrates legal solutions with social, medical and long term care structures to assist clients in maintaining the highest quality of life, dignity and autonomy as possible given an individual’s circumstances.

Elder law attorneys deal with a variety of legal issues involving health and personal care planning, including: advance directives; lifetime planning; family issues; fiduciary representation; capacity; guardianship; power of attorney; financial planning; public benefits and insurance; resident rights in long-term care facilities; housing opportunities and financing; employment and retirement matters; income, estate, and gift tax matters; estate planning; probate; nursing home claims; age or disability discrimination and grandparents’ rights.

According to The Florida Bar, the Elder law specialization encompasses all aspects of planning for aging, illness, and incapacity. Elder law clients are predominantly seniors, and the specialization requires a practitioner to be particularly sensitive to the legal issues impacting these clients.  — Rule Regulating the Florida Bar 6-20.2(a).

We Advise Clients About and Prepare:

• Powers of Attorney
• Health Care Surrogate Designations
• Living Wills
• Trusts
• Wills
• Less Restrictive Alternatives to Guardianship

We Assist Clients in Establishing and Administering:

• Guardianships over Incapacitated Adults
• Guardianships over Minors
• Voluntary Guardianships of the Property of an Adult
• Authority to Make Health Care Decisions by Proxy
• Family Caregiving Plans
• Probate Estates After the Death of a Loved One

We Assist Clients in Obtaining and Navigating:

• Medicare
• Medicare Supplemental Insurance
• Medicaid
• Veteran’s Benefits
• Long Term Care Insurance
• Pre-paid Funeral/Burial/Cremation Arrangements
• Social Security programs
• Other Community Resources

We Assist Clients in Stopping or Preventing:

• Abuse and Neglect of a Vulnerable Adult
• Exploitation of a Vulnerable Adult
• Identity Theft
• Fraudulent Billing by Care Providers

We Advise Clients On:

• How to Provide for Disabled/Dependent Loved Ones After Client’s Death
• Developing a Care Plan so Family Members Can Provide Care for Elderly/Disabled/Ill Loved Ones
• How to Choose the Appropriate Residential Arrangements
  • Independent Living
  • Assisted Living
  • Long Term Care
• Rights Residents Retain When Living in a Residential Facility
• Discharge Rules When a Client or Loved One Faces Discharge from a Facility
• How to Plan for Individual Long Term Care and Quality of Life Goals
• How to Pay for Long Term Care & Residential Care