Elder Law FAQ

Answers to Elder Law Questions in Florida

At Selis Elder Law, we want to provide our clients and community with the information and resources they need to protect their assets, gain access to key benefits, and enhance their security and safety as they age. We provide targeted, individualized elder law services throughout Florida, including estate planning, long-term care planning, Medicaid and VA benefits assistance, will and trust services, and probate services. Read through these answers to elder law questions, and then call us to set up a consultation with an attorney specializing in elder needs law.

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Florida Elder Law FAQs

Elder law, or elder needs law, is a specialized area of law that focuses on providing for the legal needs of older adults or seniors. It is a broad area of law that includes a diverse range of services, including estate planning, long-term care planning, asset protection, Medicare and VA benefits claims, and protection from abuse and neglect. An elder law attorney can help seniors and their families understand the details of legal issues that relate to aging. They can also help seniors understand eligibility for benefits, navigate disputes or denials, and protect their financial security and rights.

You can ask friends and family for recommendations, or you can ask another professional service provider in your life, such as a social worker or elder care agency. You can also visit the websites of the Academy of Florida Elder Law Attorneys (AFELA) and the National Academy of Elder Law Attorneys (NAELA) to find resources. Be sure to check your attorney’s license on the Florida Bar web page and verify their education and experience. Read online reviews to confirm that the attorney you choose is qualified, communicative, and helpful.

Florida Probate Law FAQs

The probate process includes the verification of a will and assets, the settlement of debts, and the distribution of assets to beneficiaries. The court will appoint a personal representative who will be responsible for locating and valuing assets, identifying and notifying creditors, paying debts and taxes, and identifying beneficiaries. Any remaining assets after debts and taxes have been settled will be distributed to beneficiaries according to Florida’s laws of intestacy.

You can avoid probate through estate planning. Setting up a revocable living trust, designating accounts and assets as joint ownership with right of survivorship, or creating transfer-on-death or payable-on-death designations for assets. You can also use an enhanced life estate deed or Lady Bird Deed to transfer real estate to beneficiaries at your death. Finally, you can gift assets to beneficiaries while you are still alive to ensure they are not subject to probate.

Florida Long-Term Care FAQs

Statewide Medicaid Managed Care Long Term Care program provides long-term care services to Florida residents in conjunction with the Agency for Health Care Administration, the Department of Elder Affairs, and the Department of Children and Families. Services include adult companion care and health care, assisted living care, nursing care, home meal deliveries, hospice care, medical equipment and supplies, and more.

Florida Estate Planning FAQs

Yes, because if you die with assets and without a will, your estate will pass through Florida’s intestacy laws. Your property will be distributed to family members, and if you have no family, then the state will acquire your assets. A will allows you complete control over the distribution of your assets upon your death, allowing you to leave them to friends, family, or organizations or causes you care about. You can also use your will to outline specific requests for your burial or funeral.

Florida Medicaid FAQs

Your Medicaid eligibility is determined after a screening conducted by the Social Security Administration. The income limit for Medicaid eligibility varies according to individual circumstances and the specific program. For long-term care services, it is around $2,742 per month for individuals and $5,484 for married couples. For other Medicaid programs, the Florida DCF, SSA, or other agencies determine eligibility requirements.

Florida VA Benefits FAQs

Have More Questions? Call Us Now to Set Up a Consultation

If you have further questions that aren’t answered here, Selis Elder Law can help. Call us now or contact us online to set up a consultation with one of our attorneys in Florida. We focus on long-term care, government benefits, estate planning, and probate.