Elder Law Includes Estate Planning And So Much More
Most Americans understand the importance of planning their estate and taking control of where their hard-earned assets will go upon their passing. Unfortunately, fewer people are familiar with elder law planning, which can be just as critical to protecting assets as well as planning for and affording late-life care. Although each client’s circumstances are unique, certain types of services are considered the “core” areas of an elder law practice – estate planning, public benefits planning (including Medicaid and veterans benefits), and planning for incapacity via a comprehensive set of advance directives.
At Feldman & Feldman, our experienced attorneys provide personalized and knowledgeable representation in all aspects of elder law to clients in Coral Springs and throughout South Florida. We’ve been a trusted legal resource in South Florida for more than 30 years and we look forward to assisting you with your legal needs.
Table Of Contents
What Is Elder Law?
When Should You Retain Feldman & Feldman For Elder Law Services?
Protecting Your Loved Ones Through Careful Estate Planning
How Will You Pay For Long-Term Care?
Utilizing Medicaid Benefits, VA Benefits And Asset Protection Strategies
Incapacity Is A Real Risk – Be Ready For It
Providing Compassionate Guidance For Families Navigating The Guardianship Process
Speak To An Elder Law Attorney About Your Planning Needs
What Is Elder Law?
Elder law is a highly specialized area of legal practice that focuses on the needs of older adults, as well as those with disabling medical conditions. Elder law often touches on many aspects of life, and includes the legal aspects of addressing the medical, financial, and social needs of the elder and their families.
Elder law attorneys can assist with addressing the cost of nursing home care, assisted living/memory care, and in-home support by helping individuals qualify for public benefits programs, such as Medicaid and VA “Aid and Attendance”. Critically, qualifying for these benefits is done with the goal of also protecting the individual’s existing resources, to the extent possible. This type of planning may be done proactively (often when the need for care may be years down the line) or in crisis situations (when the need for care is imminent). The elder law attorney then helps manage the application for benefits.
Elder law attorneys can also assist with estate planning, especially as it aligns with the needs of aging individuals and those with special medical needs. Drafting special needs trusts, powers of attorney, health care directives, living wills, and other legal instruments can help the elder or vulnerable individual ensure their needs are met, even as their care needs may change over time. These legal tools also seek to put into place a support framework that avoids the need to institute a guardianship or other invasive court process.
When Should You Retain Feldman & Feldman For Elder Law Services?
The best time to hire elder law attorneys is long before support needs increase. The best time to engage with an elder law attorney is before an emergency arises. Elder law matters and preretirement legal planning dovetail perfectly, making the lead-up to retirement an excellent opportunity to plan for long-term care and future incapacity.
However, many people understandably delay addressing elder law-related concerns until they begin to age and their health declines. Our firm is available to offer immediate assistance in emergency scenarios where elder law needs become pressing concerns. Sudden medical events or a dire diagnosis, such as Alzheimer’s disease, can instantly make clear the need for immediate planning to protect a vulnerable family member. The attorneys at Feldman & Feldman, can help families access needed benefits to provide them with additional support in trying times.
Protecting Your Loved Ones Through Careful Estate Planning
The elderly are often presented with unique estate planning considerations. These include caring for disabled adult children, second (or third or fourth!) marriage situations, passing on a legacy to their heirs free of Medicaid liens and creditor concerns, as well as protecting resources for a surviving spouse who may wish to qualify for VA or Medicaid benefits (or may already be receiving benefits). Our attorneys are ready to help you create an estate plan that meets your needs and reflects the legacy you wish to leave.
How Will You Pay For Long-Term Care?
It can seem abstract to think about needing long-term care, especially if you feel relatively young and healthy. However, the odds that you’ll someday need this care are higher than you think.
Roughly 70 percent of Florida residents will require long-term care at some point in their lives. Most often, this care is provided by nursing homes, the costs of which are very high and constantly rising. In Coral Springs, for instance, the average nursing home patient with a private room can expect to pay nearly $11,000 per month. The average length of stay in a nursing home is three years, bringing the total cost to approximately $396,000.
Unless you can pay that much out of pocket, you’ll need to seek financial help through Medicaid or another government program. Our attorneys can help you structure your estate in a way that allows you to qualify for Medicaid without depleting all assets that you want to leave to your loved ones.
Utilizing Medicaid Benefits, VA Benefits And Asset Protection Strategies
Unless significant private funds or a comprehensive long-term care insurance policy are available, the cost of long-term care at home, in an assisted living facility, or in a skilled nursing facility is often more than most seniors can afford without quickly depleting their resources. No one should be pauperized just to meet their basic living expenses and healthcare needs. Our experienced elder law attorneys can help navigate the maze of Medicaid and VA regulations to qualify a client for Medicaid benefits while preserving assets, both to supplement the care needs of the client as well as to provide a legacy for future generations.
Incapacity Is A Real Risk – Be Ready For It
Becoming incapacitated means losing the ability to make or communicate decisions for yourself, often due to a degenerative illness like Alzheimer’s. The lucky among us will never experience diminished capacity or serious illness. But planning for the possibility of incapacity provides a sense of security that those you have selected will have the legal authority to manage your affairs, should you be unable to do so. Incapacity planning typically involves preparing “advance directives,” which typically include:
- Durable power of attorney
- Designation of a healthcare surrogate
- A living will
Without these documents in place, a guardianship proceeding may be the only mechanism that will allow your affairs to be managed. But, unlike designations made via an advance directive, a judge will decide who makes decisions for you. Guardianships are also very costly, stressful for your loved ones, and often humiliating for you. It is far easier and less expensive to designate in advance who you would wish to manage your affairs.
Providing Compassionate Guidance For Families Navigating The Guardianship Process
A guardianship is a court proceeding whereby a fully or partially incapacitated person (the “ward”) has some or all of their rights removed and another person (the “guardian”) is appointed to handle some or all of their day-to-day affairs. Although designed to protect the ward’s interests, guardianships can often be humiliating proceedings for the ward, as well as expensive and time-consuming for all involved. Guardianships are therefore a last resort when no other protective means are available, such as relying on a properly drafted set of advance directives (durable powers of attorney, healthcare surrogate designations), trusts and other types of protective instruments.
If an aging parent or other loved one has lost capacity and you need to seek legal authority to act on their behalf, our attorneys can assist you during this difficult and stressful time.
Frequently Asked Questions About Elder Law
Here, our elder law attorneys address common questions Florida families raise.
At what age should I contact an elder law attorney?
Many begin planning in their fifties or early sixties because this period often brings clearer insight into their potential long-term care needs. Earlier planning allows more options for structuring assets, preparing advance directives and evaluating eligibility strategies for government programs. Waiting until a crisis occurs usually means fewer choices and greater financial pressure.
How can an elder law attorney help our family?
An elder law attorney evaluates your circumstances to identify the tools needed to protect health, finances and decision-making authority. This often involves preparing durable powers of attorney, healthcare surrogate designations and living wills to ensure your wishes are honored.
A lawyer can also assist with government program planning, benefits coordination and asset protection strategies tailored to Florida’s rules. This can provide greater clarity about care options and cost projections while minimizing unnecessary court involvement.
Can I protect my assets if I need nursing home care?
Yes. Florida allows certain planning methods that help preserve assets during long-term care. Common strategies involve restructuring resources, using permissible spend-down strategies or creating specific trusts that comply with federal and state requirements. Timing is critical because Medicaid has strict financial rules and a five-year look-back period for certain transfers. Proper planning can reduce the risk of depleting your savings.
Can I receive both VA benefits and Medicaid at the same time?
Possibly. Some veterans qualify for both programs, but the interaction between them requires a careful analysis. VA pension benefits, including Aid and Attendance, count as income for Medicaid, which can affect your Medicaid eligibility. However, certain deductions and planning techniques may allow you to maintain access to both programs. An attorney familiar with Florida Medicaid rules and VA regulations can determine how each benefit fits into your overall care plan.
What happens if my parents become incapacitated without legal documents in place?
If no advance directives exist, Florida law may require a guardianship proceeding to appoint someone with legal authority to act. This process involves court oversight, medical evaluations and ongoing reporting requirements.
Guardianship can be costly and stressful for families because the court, not the parent, selects the decision-maker. Preparing proper documents in advance can help you avoid these burdens and still safeguard your parents’ healthcare and financial matters.
Speak To A Coral Springs Elder Law Attorney About Your Planning Needs
Based in Coral Springs, our lawyers at Feldman & Feldman serve clients throughout South Florida. To schedule your initial consultation, reach out online or call 954-228-6074.