While we might use the word "senior" to refer to anyone over the age of 55, there is no way to capture what a modern-day senior is with one word. For example, even in Florida, not every senior is retired. In fact, more people are working well into their 70s than ever before. Some seniors have millions of dollars and multiple properties to worry about passing on, while others are worried about being able to pay for a nursing home if they or their spouse need one someday.
However, all seniors do share the fact that they are more likely to have health issues and are probably closer to the end of their lives than younger people are. Given these commonalities, there are also specific legal services that can benefit many seniors. Elder law attorneys are estate planners who choose to handle the specific needs of older adults.
What a Florida Elder Law Attorney Does
Elder law attorneys in Florida are experienced in general estate planning, as well as the services that benefit older Americans. These services include:
- Estate planning. Just like people of all ages, seniors must plan for the future by creating or revising a comprehensive estate plan. This may include drafting a will, setting up a trust, and creating advance directives such as a durable power of attorney or a living will. Some of these tasks take on extra urgency as people get older, and an elder law attorney will understand what to prioritize and how to create the most effective plan.
- Medicaid planning. Elder law attorneys help seniors navigate the complex process of applying for Medicaid benefits. They can advise on eligibility requirements, help with the application process, and provide guidance on how to protect assets while still qualifying for Medicaid. Ideally, this planning takes place well before a person needs a nursing home, but an attorney can also be a great deal of help in an emergency-admission situation as well.
- Guardianship. Assisting loved ones with guardianship proceedings for seniors who are no longer able to make decisions for themselves due to mental or physical incapacity is another service provided by lawyers who specialize in elder law. This may include appointing a guardian to make health care and financial decisions on behalf of the senior.
- Long-term care planning. Elder law attorneys can help seniors plan for long-term care by reviewing options such as nursing homes, assisted living facilities, and home health care. They can also advise on how to pay for long-term care, including the use of Medicaid or other benefits.
- Asset protection. Seniors are often the targets of scams, greedy family members, and other forms of financial abuse. A lawyer can help them protect their assets from creditors, lawsuits, nursing homes, thieves, and other potential threats. This may include creating trusts or other legal structures to shelter assets from potential liability.
- Probate and estate administration. Elder law attorneys can assist surviving spouses and children with the probate process for an elderly loved one who has passed away. Probate services include the distribution of assets to heirs and resolving any disputes that arise during probate.
Estate planning lawyers who specialize in elder law provide guidance on legal issues that are unique to seniors, such as Medicaid planning and guardianship proceedings. By working with an experienced elder law attorney, seniors can have peace of mind knowing that their legal affairs are in order and that their interests are being protected.
We Want to Understand Your Unique Goals
Tallahassee elder law attorney Ben Patton is focused on getting to know his older clients on a personal level so that he can provide services that meet all of their goals. He doesn't take shortcuts or use cookie-cutter documents. Instead, he tailors each client's plan to be comprehensive yet cost-effective for them. Ben brings compassion and understanding to his work with seniors and their concerned family members. If you are worried about paying for a nursing home, changing your will, caring for an elderly family member with dementia, or any other issue related to an older person, contact us today to find out how we can help.