Four Ways a St. Petersburg Elder Law Attorney Can Help
Older adults have unique legal needs. Elder law is a specialized practice area that is focused on the needs of older adults (The Florida Bar). At Fisher & Wilsey, P.A., we are a leading elder law firm serving people and families in Pinellas County. In this article, you will find an overview of four common ways in which a St. Petersburg elder law attorney can help.
A St. Petersburg Elder Law Attorney Can Develop a Legally Enforceable Estate Plan
Every adult in Florida should have a comprehensive estate plan in place. Estate planning is especially important for seniors and near-seniors. A St. Petersburg elder law attorney can help people and families by working closely with them to establish a comprehensive estate plan. Florida law provides several legal tools that control how assets transfer at death and who will make decisions if incapacity occurs. A properly structured estate plan may include a last will and testament, revocable living trust, durable power of attorney, and designation of health care surrogate. Estate planning is a key part of elder law.
A St. Petersburg Elder Law Attorney Can Build a Plan for Long Term Care/Medicaid Eligibility
Long term care planning is another key part of elder law practice. The cost of nursing home care in Florida can exceed several thousand dollars per month. Indeed, even a semi-private room in a nursing home in Florida can cost more than $100,000 per year. A big challenge is that Medicare generally does not cover long term care. Many families must therefore consider Medicaid eligibility as part of their long term care strategy. Florida Medicaid rules impose strict financial eligibility standards. Applicants must satisfy limits on countable assets and income before qualifying for benefits. A St. Petersburg elder law attorney can help.
A St. Petersburg Elder Law Attorney Can Help With Incapacity Planning and Guardianships
Elder law attorneys also assist families with incapacity planning and guardianship proceedings. Major challenges such as cognitive decline, illness, or injury can leave an older adult unable to manage personal or financial affairs. Florida law provides several mechanisms to address this risk. Proactive incapacity planning may prevent the need for court intervention. In situations where incapacity already exists and no valid planning documents are in place, a guardianship proceeding may become necessary. A St. Petersburg elder law attorney can help.
A St. Petersburg Elder Law Attorney Can Assist Families With Administration
When an older adult passes away, the legal process of administering the estate often falls on surviving family members. Florida probate law governs how a decedent’s assets are collected, creditor claims are addressed, and property is ultimately distributed to beneficiaries. Along with other things, the personal representative must comply with numerous procedural requirements. These obligations include filing petitions with the probate court, notifying creditors, preparing inventories of estate assets, and managing estate property during administration.
Call Our St. Petersburg Elder Law Attorney Today
At Fisher & Wilsey, P.A., our St. Petersburg elder law attorney is a knowledgeable, experienced, and solutions-focused advocate for people and their families. If you have any questions about your rights or your options, please do not hesitate to contact us today for a fully private case review. We provide elder law services in St. Petersburg, Pinellas County, and throughout the region in Florida.
Source:
floridabar.org/about/section/section-ed/
