Are you seeking information about elder law? Denise Jomarron Legal Group in Miami, Florida, provides answers to the most frequently asked questions below, based on our many years of experience. Read on, then contact us at (305) 402-4494 or complete our online form to schedule your free, 20-minute consultation.
What Is Elder Law?
Elder law is a category of law that helps aging adults prepare for the future. This legal practice includes long-term care planning, estate planning, financial planning, guardianship planning, and more.
Many people turn to elder law to determine how they will afford a nursing home or assisted living facility for a loved one. However, we recommend meeting with an elder law lawyer before an issue arises.
What Is Estate Planning?
Estate planning is the process of determining who will receive your property and assets after you die. Without estate planning, your property will automatically go to your next of kin. However, developing a detailed estate plan can ensure that your items go to the intended people.
When Is the Best Time to Create an Estate Plan?
You should create an estate plan as soon as you become a legal adult, then update it every three to five years, or whenever a life change occurs such as the death of a loved one or the birth of a new family member. If you do not have an estate plan, the best time to create one is now. You never know when you will die or become incapacitated, and you want to have a solid plan in place when the time comes.
What Is Guardianship Planning?
Guardianship planning is the process of appointing a person to look after someone unable to handle their affairs. For example, if you have minor children, you can establish a guardian who would take over should you and their other parent die or become incapacitated. Guardians can also assist adults with disabilities or elderly individuals who are incapacitated.
You must have the proper legal documentation to ensure that the person you have chosen as a guardian will have the legal authority to act in this role. Our elder law firm can guide you through the guardianship process and steps to be taken should the time come for your plans to go into effect.
What Is Medicaid?
Medicaid is a financial assistance program available to Florida residents 65 or older and those with specific disabilities. This program can provide financial assistance for those who could not financially afford medical care on their own.
Who Is Eligible for Florida Medicaid?
Each state has its own Medicaid program. To be eligible for Medicaid in Florida, you must meet the following requirements:
- Be a Florida resident
- Be a U.S. citizen, permanent resident, or legal alien
- Need health care or insurance assistance
- Fall into a low-income or very low-income category
- Meet one of these requirements:
- Be 65 or older
- Be pregnant
- Be blind
- Be responsible for a child under 1
- Have a disability
- Have a household family member with a disability
Our elder law attorney team would be happy to help you learn more about Medicaid and determine your eligibility.
Can Medicaid Pay For Assisted Living Costs?
If you live in Florida, you can consider using Medicaid to pay for nursing home and assisted living costs for yourself or a loved one. However, the person will need to meet income requirements and require a nursing home level of care to be eligible.
Our elderly care attorney team can sit down with you and walk you through your eligibility for Medicaid. We can also provide guidance and suggestions to meet these requirements.
Do You Have to Sell Your House to Use Medicaid For Nursing Home Costs?
Many falsely believe they must sell their house and most of their assets to qualify for Medicaid. While you must meet income requirements to receive Medicaid, you do not need to sell your house immediately.
Medicaid typically considers an applicant’s primary house a non-countable asset, which doesn’t contribute to eligibility. However, you must indicate an intent to return to the house for it to remain a non-countable asset. You also cannot sell the home while receiving Medicaid benefits unless you want to change your income status.
Who Needs an Elder Law Attorney?
Any older adult or family member of an older adult who wants to plan their future responsibly can benefit from hiring an elder law attorney.
At the very least, an elder law attorney can help you understand what tasks to complete as part of elder care planning. However, an attorney could also save you a significant amount of money and help you secure benefits you did not know about previously.
At Denise Jomarron Legal Group, we help senior citizens and their loved ones navigate the complexities of elder law to ensure a secure future free from worry. We also assist caregivers of disabled children and incapacitated seniors by guiding them through the guardianship process. Call to schedule your free, 20-minute consultation at (305) 402-4494 or complete our online form.
Copyright © 2022. Denise Jomarron Legal Group. All rights reserved.
The information in this blog post (“post”) is provided for general informational purposes only and may not reflect the current law in your jurisdiction. No information in this post should be construed as legal advice from the individual author or the law firm, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting based on any information included in or accessible through this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country, or other appropriate licensing jurisdiction.
Denise Jomarron Legal Group
4300 Biscayne Blvd., Suite 305
Miami, FL 33137-3255