Florida Elder Law: Planning To Age Well

As baby boomers enter retirement, many, along with their families, are discovering they need legal help. Many older Americans find they need legal advice for the first time in their lives when dealing with a variety of issues.

An elder law attorney can advise clients not only on estate planning, but also on how to set up a legal framework that will ensure their wishes are carried out while they’re alive. This type of lawyer can also help clients protect their assets if they need nursing home care. For help with your legal questions, talk to a local elder law attorney.

Elder Care Planning

“For most folks, the way they enter a nursing home is after something bad has happened — a fall or an illness that put them in a hospital,” says Scott Solkoff, a board-certified elder law attorney in Delray Beach.

“Because they didn’t plan ahead, the family isn’t making decisions about which facility their loved one goes to. The hospital discharge officer decides, and the facility may or may not be appropriate.”

Solkoff says it’s important for older adults to plan for nursing home care, including how to pay for it, though many people don’t think they will ever need it. “One misconception is that going to a nursing home is a choice, but it almost never is,” he says. “People go to nursing homes because they need skilled care.”

Many older people rely on Medicare to cover their health care needs. Some seniors need Medicaid when they run out of financial resources to pay for their care. An elder care attorney can help families with Medicaid planning to provide for their loved ones while meeting the strict eligibility requirements.

Protect Your Rights and Safety as You Get Older

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Setting Up a Trusted Person for Decision-Making

It’s a constantly evolving area of the law. In 2015, Florida enacted a law that allows people to choose a health care surrogate — someone authorized to make medical, but not financial, decisions for them. The surrogate can, but doesn’t need to be, a family member.

“The law allows someone to decide when they want someone else to take over making health care decisions for them — either immediately or when they become incapacitated,” explains Stephanie Schneider, a board-certified elder law attorney in Plantation, Florida.

You can also designate the same person or someone else as the durable power of attorney, with the authority to handle financial matters.

Guardianships for Older Adults

Without proper planning, family members may find themselves forced into a guardianship. In guardianship proceedings, the probate judge names a legal guardian to handle both legal and financial affairs.

This can be costly. “That guardianship is going to stay in place until the person either dies or until they recover enough to take control of their affairs again,” Schneider says. Acting as someone’s legal guardian is not easy.

“They’re going to have to do financial reports and medical reports to the judge,” Schneider says. “It’s not that they’re going to have complete financial access. Plus, there’s the expense. An attorney has to continue to represent them in a guardianship.” Schneider also notes that another disadvantage of guardianship is that those records are publicly available. Choosing a surrogate in advance can protect privacy.

Choosing an Estate Representative

Then there’s the matter of choosing an estate representative, sometimes called an executor.

An executor ensures a person’s wishes are carried out after death. Ellen Morris, of Cozen O’Connor in Boca Raton, says Florida residents need to know that, if their estate representatives live outside the state, they must be direct relatives.

Finding Legal Help for Your Quality of Life in Retirement

Keep in mind that not every elder law attorney might be right for you. “Law, like medicine, has areas of specialty,” says Schneider. “Some focus on estates and trusts, while others may be litigators.”

Aging to perfection involves more than just maintaining wellness and brain health. With legal planning, you can ensure your financial well-being, protect your health care decisions, and provide for your family.

For legal advice and helpful tips, talk to a local elder law attorney.