Why Young Families Can Benefit from Talking to Elder Law Attorneys

Elder law attorneys help senior citizens deal with and plan for the issues which can come with aging. However, seniors are actually not the only ones who could benefit significantly from consulting with an elder law professional. In fact, in many situations, it may be important for young families to get legal help from an attorney with experience … [Read more...]

Can An Agent Make a Gift Under Power of Attorney?

A power of attorney is one of the most fundamentally important estate planning tools. A power of attorney created when you are of sound mind allows you to name someone who will act as your agent. If the power of attorney is "durable", the person you name as your agent can make important decisions about managing your affairs if you become … [Read more...]

What is Guardianship and How Does it Work?

A guardian is someone appointed by the court to control a ward’s assets and make decisions on behalf of the ward. The ward must be declared as incapacitated by the court to be unable to handle his/her own affairs. People who suffer from mental disabilities, including people with dementia and other conditions of old age, may need a guardian if they … [Read more...]

What is a Power of Attorney and When Does it Become Effective?

A power of attorney (POA) is a legal instrument that gives someone else the right to act on your behalf.  The person granting that power (the “principal”) grants the right to act on his/her behalf to the agent, who is also referred to as the attorney-in-fact. The language of the POA determines what powers are granted to the agent; it may be … [Read more...]

What is the significance of national elder law attorney organizations?

When you are looking for an elder law attorney, it is important that you have an experienced legal professional representing you. An attorney’s membership in a national organization of elder law attorneys shows a commitment to staying up-to-date on legal issues affecting seniors. An attorney who is a member of a certifying elder law professional … [Read more...]

I just moved to Florida; is my Will still valid?

A Will executed in another state, sometimes referred to as a “foreign will”, could be valid if it was validly executed under the laws of the other state (Fl. Stat. 732.502(2)). Therefore, the answer to this question could be partially dependent on the state in which you previously lived. One exception is a holographic Will, which is a … [Read more...]

How Long Does Probate Take?

It is reasonable to expect that a simple probate estate will take approximately five or six months to properly handle. Probate is a court-supervised process for identifying and gathering the assets of a deceased person (decedent), paying the decedent’s debts, and distributing the decedent’s assets to his or her beneficiaries. Probate is necessary … [Read more...]

On Behalf of My Parent, Should I Act as Guardian or Attorney-In-Fact?

If your aging parent becomes incapacitated and needs someone to make decisions on his/her behalf, including decisions regarding medical treatments, financial issues, or living arrangements, you have a choice between serving as an attorney-in-fact (agent) if your parent has executed a valid Durable Power of Attorney (POA) appointing you as such, or … [Read more...]

Paying for Assisted Living and Nursing Home Costs

Long term care costs including assisted living facilities have a wide range of costs depending on the level of care required. Assisted living facilities that provide an extended care unit can range from $2,000 to $5,000 per month. Nursing homes can cost as much as $7,500 per month. Each facility may offer many levels of care, with different monthly … [Read more...]

Medicaid Cuts to Save State Money

The Florida Independent recently published an article by Ashley Lopez discussing the state's efforts to cut costs by limiting Medicaid coverage: Kaiser Health News and USA Today report that Florida is among a slew of states that have been cutting costs by limiting hospital coverage in their Medicaid plans. Last week, an official for Florida's … [Read more...]