what an elder law attorney

What questions should I Ask an elder law attorney?

Jan 25, 2022 · Most areas of the law focus on a specific discipline, and elder law attorneys focus on a specific type of person. The main purpose of an elder law attorney is to help aging Americans to legally navigate through the issues of life that arise simply because of age.

When should one consider hiring an elder law attorney?

May 17, 2021 · Elder law attorneys are advocates for the elderly and their loved ones. Most elder law attorneys handle a wide range of legal matters affecting an older or disabled person, including issues related to health care, long term care planning, guardianship, retirement, Social Security, Medicare/Medicaid, and other important matters.

What all attorneys should know about elder law?

Dec 25, 2011 · An elder law attorney is a great resource for connecting you with other agencies that can help with long-term care and aging. Elder Law and Guardianship, Conservatorship, and Financial Administration One understated aspect of elder law is navigating the complexities of family dynamics.

Why would I need an elder law attorney?

Ted is a member of the Florida Bar, local Bar associations, various estate planning councils, the National Academy of Elder Law Attorneys (NAELA), the Florida Justice Association (FJA), and the American Association for Justice (Nursing Home Litigation Section). He is active in a number of civic and community activities.

What is elder law in PA?

An elder law attorney deals with long-term care planning and public benefits, end-of-life issues, housing assistance and options, elder abuse, neglect and exploitation, age discrimination in employment, veterans' benefits, services of the Area Agencies on Aging, the legal rights of residents of nursing facilities, and ...

What is elder law in Florida?

What exactly is Elder Law? Elder Law is defined as any legal issue involving health and personal care planning for the senior population and their caregivers.

What is an attorney in the UK?

Lawyer is a general term referring to anyone who is qualified to give legal advice as a licensed legal practitioner. This includes solicitors and barristers. Solicitors provide legal support, advice and services to clients, who can be individuals, private companies, public sector organisations or other groups.

Is elder abuse a felony in Florida?

Elder abuse is considered a felony in Florida and carries the following punishments defined in Florida Statute 825.103: First-degree felony: If the victim suffered serious bodily harm or permanent disfigurement, the perpetrator can be punished with up to thirty years in prison.

What type of elder abuse is most common?

neglectAccording to the NCEA, neglect is the most common type of elder abuse.Mar 4, 2020

What three decisions Cannot be made by a legal power of attorney?

Are there any decisions I could not give an attorney power to decide? You cannot give an attorney the power to: act in a way or make a decision that you cannot normally do yourself – for example, anything outside the law. consent to a deprivation of liberty being imposed on you, without a court order.

What's the difference between solicitor and lawyer?

A solicitor is a type of lawyer that provides expert, tailored legal advice for clients, often from the earliest stages of a potential case.Apr 28, 2021

How do you get a LPA for someone with dementia?

The LPA forms need to be signed by someone, apart from your chosen attorney, to state that you have the mental capacity to make an LPA. The forms also need to be witnessed. You then need to register each LPA with the Office of the Public Guardian. Either you or your attorney can do this.

Should I hire an elder law attorney?

Elder law attorneys are great resources to address multiple aspects of old age, including medical questions and financial concerns. Everyone’s circ...

What is the difference between estate planning and elder law?

Elder law incorporates elements of financial and estate planning, but it also considers a broader perspective such as medical concerns and other is...

How much does an elder law attorney cost?

These attorneys cover a wide price range, so it’s difficult to put a definitive price tag on services. Expect to pay in the $500 range for an initi...

Are elder laws attorneys worth it?

It depends on what services you require. If a professional can help ensure affordable medical care and avoid costly taxation in estate planning, th...

What does elder law include?

It is a broad category that includes long-term care planning, navigating Medicare and Medicaid, estate and financial planning, guardianship, conser...

What can an elder law attorney do?

An elder law attorney can help determine whether you are eligible for either program, discuss strategies for spending, advise whether it is in your best interest to apply, and help with the application process. Medicaid may be able to serve as a partial funding mechanism even if you have significant resources available.

What is elder law?

Elder law incorporates elements of financial and estate planning, but it also considers a broader perspective such as medical concerns and other issues facing older adults. Estate planning deals primarily with financial planning for persons of any age and protecting assets when an individual passes away.

What is a POA?

A power of attorney (POA) allows you to nominate another person, called an agent, to make financial or medical decisions on your behalf. In some states, these are separated into a financial POA and a medical POA. You remain in control of who acts on your behalf and what actions your agents can take for you.

What is a caregiver in a long term care facility?

Long-term care facilities also provide care and assistance with the activities of daily living, but the staff is present during the night to respond to issues more quickly.

When does a POA become effective?

The POA can be effective as soon as you sign it or be a “springing” POA in which the rights of a durable POA do not lock into effect until certain requirements are met, such as specific medical diagnoses.

What happens when you cross all the I's and T's on a will?

When a person passes, even if all the I’s are dotted and T’s are crossed on wills, there are still more legal affairs that need to be tended to; this is the probate process.

Is long term care insurance good?

Long-term care insurance that can cover care expenses later may have premiums of thousands of dollars per year, and it needs to be purchased when you’re healthy.

What is a Florida bar?

The Florida Bar certifies attorneys as specialists in certain practice areas such as Wills, Trusts and Estates or in Elder Law or in Criminal Law. Gone are the days of the general practitioner who can handle your Will, your traffic ticket, your divorce and your contracts. Seeing a specialist is safer and usually the same cost.

What is a lady bird deed?

A Lady Bird deed is a special kind of residential real estate deed which allows your property to pass to your children or other heirs immediately upon your death without normal costs, probate and court proceedings. The Lady Bird deed allows you to (1) own your home for the rest of your life; (2) retain your full homestead tax exemption; (3) retain your full homestead creditor protection; (4) where applicable, retain eligibility for Medicaid and other need-based programs; and (5) name beneficiaries of the home very similar to beneficiaries of an insurance policy. Most of my clients benefit from having a Lady Bird deed. My father is the attorney who gave the “ Lady Bird deed ” its name and explained the deed to other lawyers early in the field of Elder Law.

What documents are needed for a living will?

It is important for most people to have these documents. For people where dementia is at issue, it is even more important. These are the documents you need: 1 a client-specific durable power of attorney containing long-term care planning provisions (generic forms rarely suffice) 2 health care directions (often referred to as Living Wills and Health Care Surrogate Designations) 3 a Last Will and Testament 4 a trust agreement.

What is the greatest threat to the finances of people over the age of 50?

The catastrophic cost of long term care is the greatest threat to the finances of people over the age of 50. People with dementia need more care for longer. Most people do not want to think about or plan for what happens when they need extended care. The fact is that most people will require long-term care and most will either not be able to afford it or will get wiped out by the cost. There are legal and ethical ways of protecting one’s life savings against the cost of care without giving away assets and without waiting out penalty periods. Ask your lawyer for a referral to an Elder Law specialist unless they are themselves so certified.

Can dementia be competent to sign documents?

Courts have found that even people in the most advanced stages of dementia can be competent to sign important legal documents. Understand that the medical definition of incapacity is different from the legal definition of incapacity.

Can a doctor write a statement of incapacity?

It is possible that a doctor could already have written a statement of incapacity regarding the person but this is not determinative of legal incapacity. The capacity requirements for each legal document can be different. Your attorney should discuss capacity issues with you and will know the legal requirements. 2.

Can you have an elder law attorney?

It should be a big deal to you too. Elder Law Attorneys have specific experience in dementia-specific and health-related legal matters. It can make a very big difference in quality of life. Even if you have another type of attorney as your estate planning lawyer or family lawyer, you can still visit with an Elder Law Attorney ...

Who is Ted's wife?

Ted is a frequent lecturer to a variety of civic and professional organizations, and on television, on legal issues affecting the elderly. Ted’s wife, Michelle, works as a Civil Engineer for Atkins Engineering. Together, they’re raising their two sons, Robert and Riley.

Where is Ted Schofner?

He’s been practicing law since 1982, dedicating himself to the needs of our elder citizens. His office is located in Largo, Florida, but services the whole Tampa Bay area.

Is hiring a lawyer based on advertisements?

The hiring of a lawyer is an important decision that should not be based solely on advertisements. Before you decide, ask The Schofner Law Firm to send you free information about their qualifications and experience. This website provides legal, business, financial, and tax information.

Who is Ted Schofner?

The Schofner Law Firm is an Elder Law practice serving the Tampa Bay area . Attorney Theodore “Ted” Schofner founded the firm in 1990 with one goal: to help the elderly and their families protect what they have built over their lifetime, as they face legal concerns that come with aging.

Where did Mr. Schofner go to high school?

He chose to attend Georgetown University for his Bachelor’s Degree and graduated cum laude.

What is Medicaid in Florida?

Florida Medicaid is a partnership between the state of Florida and the federal government that provides healthcare assistance to qualifying individuals. When you are no longer working and earning an income, planning for Medicaid can be an important part of your future. At the law office of William Rambaum, P.A., our Clearwater Medicaid attorney knows that you probably have a lot of questions about Medicaid and Medicaid eligibility. Over the past three and a half decades, we have competently assisted people like you in protecting their right to coverage and understanding Medicaid laws. If you have questions, please contact us today to schedule a consultation with our law firm now.

Can you get Medicaid if you have too much money?

If you have too many assets or income, you cannot qualify for Medicaid or Medicaid benefits for long-term care. In order to preserve the right to benefits, many elderly persons will gift money to others, sell assets, or transfer assets to others. However, doing so must be done strategically; the state maintains a five-year lookback period. This means that when you apply for Medicaid for long-term care, the state will look back on your finances over the past five years to determine whether or not you made any non-exempt transfers or financial gifts. If you did, you may assessed a penalty.