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Florida elder law statutes

Florida elder law statutes

Elder law covers all the basic needs and necessities for the aged and the elderly. Just like making plans for your estate and other assets, you need to make plans for yourselves addressing elder law issues. An elder law attorney is a lawyer specialized in elder law and offers expert advice and legal assistance to the elderly or loved ones of such in terms of planning for long-term care, Medicaid and incapacity planning, filing for elder abuse, and so much more. Elder law issues can be complicated if not handled by an elder law expert. Different states has its statutes in dealing with elder law issues. Florida as well-known frowns at any elder maltreatment.

Elder law issues.

Most people wait until medical crises occur before seeking help. But the truth is that it is so much easier and advantageous to plan ahead for incapacity and Medicaid now that you are still in health. Having a firm and comprehensive strategy in place will put your mind at ease knowing that you or your elderly loved one will be well taken care of when the time comes. Planning in advance gives so much control to the client. This is what our law firm is focused on. Kindly contact our law offices to speak with a Florida elder law attorney.

Healthcare planning

Over the years, we have worked with the elderly of all class in Medicaid and long-term care planning. Contrary to what most people think, Medicaid is not something for only the poor. Sometimes people save so much on retirement only to later realize the huge cost of home-health care, assisted living, and skilled nursing home care. The middle and upper middle class who do not qualify for Medicaid are even worse off. They may have to spend down their wealth and wait 5 years before they can qualify for Medicaid benefits.

But our strategies are targeted at making these services affordable and accessible to the elderly regardless of class, and protecting their assets to ensure that they have something to pass on to their surviving loved ones.

Applying for Medicaid

An elder law attorney can help Florida residents apply for Medicaid and ensure they meet with the requirements. To be qualified for Medicaid in Florida, the client must possess the following qualifications:

  • US citizenship or permanent residency
  • Have residence in Florida
  • Earns less than $2,349.00 per month as of January 1, 2020
  • Pass the assets test of less than $2,000 of combined assets (2020)
  • Requiring assistance with mobility, feeding, dressing, etc.

Incapacity and disability planning

Our elder law attorneys offer professional and legal assistance with incapacity planning by creating relevant documents such as are described below:

  • Living will: Your living will is used to specify your wishes regarding end-of-life situation or terminal condition. We deem it expedient to use unambiguous language to state your wishes on what type of treatment you want, if you would need palliative care, resuscitation, life support or not.
  • Health care surrogate: In Florida, the healthcare surrogate stands for healthcare power of attorney. This document allows you to name a person and proffer to them the authority to make medical decisions on your behalf when you become unable to do so yourself.

Elder abuse

A common case we often handle for our clients is reporting elder abuse. When older adults find themselves in nursing homes, they occasionally find themselves been abused or maltreated by the personnel.  We understand that such issues are not easily reported and when done, take time to investigate. It is our aim to speed up the process to deliver quick and needful justice for our client when they suffer abuse.

To quickly report elder abuse, kindly call the Florida Department of Elder Affairs any time of day at 1.800.962.2873. You will be asked to explain what happened and the persons involved. Florida Statues, Chapter 825 provides that intensified abuse of an incapacitated or older adult is a first degree felony, while Neglect that results in obvious bodily harm, disfiguration or disability is a second degree felony.

What will an elder law attorney do for you?

  • An elder law attorney would create essential estate documents to prevent any form elder exploitation or maltreatment.
  • The elder law attorney is charged with defending the interest of the elder should in case any legal proceeding is initiated.
  • Create a durable power of attorney for the elder.
  • Manage estate plans and related document and see that they are adequately implemented.

To ensure that your elderly don’t experience any form of elder issues ranging from expensive long term healthcare, probate, abuse, you need an elder law attorney. Contact our elder law attorney closest to you today.