Elder law is an interdisciplinary field of law, in which our attorneys consider issues affecting aging clients when advising about other areas of law. Our attorneys consider the effects of age and possible incapacity along with the need for nursing home care in creating wills, trusts, powers of attorney, and health care designation documents. Although it might be hard to imagine losing the capacity to make decisions when one is healthy, planning ahead gives peace of mind and assumes that your wishes are carried out.
One of the most common uses of elder law attorneys is to assist in obtaining Medicaid to defray the cost of long-term nursing home care. If medical and financial eligibility standards are met, Medicaid assistance may be available. Although Medicaid is a federal program, each state has different rules, and Florida is among the most unique, especially in regard to the treatment of homestead property.
Trying to determine whether an individual qualifies for Medicaid can be a daunting task. We will patiently walk you through every step of the process. Our Medicaid attorneys assist in determining whether an individual qualifies for Medicaid in regard to level of care, income, and assets. One does not need to wait until all the money is gone. If an individual has excess assets, there are legal techniques available to preserve assets and qualify for Medicaid assistance.
Medicaid involves nursing home level of care, although there are similar, related programs available for home health care and certain other types of facilities, such as an Assisted Living Facility. Determining countable assets and income and what can be done with them is a very complicated procedure. Income and assets are treated differently if there is a spouse at home than when the individual is unmarried or widowed.
Transferring assets without advice can cause serious, unexpected consequences. One should be careful of generalities or how they heard that somebody else qualified. Every situation is different.
Our Elder Law Attorneys can help to address the overall picture involved in dealing with the legal aspects of aging and provide peace of mind to clients and their families. We also represent families and elders in guardianship proceedings, which is necessary if one has lost mental capacity but has not left a valid power of attorney.