Florida Elder Law

Elder Law is a concentrated area of the law that involves representing, counseling, and assisting seniors and people with disabilities — and their families — in connection with a variety of legal issues. The Elder Law attorney also handles estate planning and counsels clients about planning for incapacity with health care decision-making documents. In addition to estate planning services, McCreary Law Office focuses its Elder Law practice in assisting clients in planning for possible long-term care needs through Medicaid qualification.

Paying for Long-Term Care

The average cost of nursing home care in Florida exceeds $8,000 per month. For persons who need long-term care, such as a nursing home, but who do not have long-term care insurance or savings sufficient to pay for long-term care, the next option is to use public benefits through Medicaid. In planning in advance for long-term care, an elder law attorney can help you structure your estate to more thoroughly provide for your care as you age. Complex irrevocable trusts are often a useful tool in this planning, and this planning can be done proactively before the need arises.

An Attorney’s Guidance in Medicaid Qualification

Sometimes a sudden need arises to pay for long-term care. But rules for public assistance can be complex. And errors in gifting can cost families thousands of dollars. Knowing how to address issues related to assets and income is essential in working for the greatest care and support possible. Therefore, consulting with an experienced elder law attorney is critical in navigating the complex state rules. Florida allows tools such as Qualified Income Trusts, Caregiver Agreements, and allowable spend-downs to help someone qualify. Each of these tools should be used carefully and only when necessary.

Before entering the legal field, Jana McCreary worked in long-term care for almost a decade, wrapping up that time working as a private provider’s Business Manager. This experience directly lends to her understanding of this landscape, having had to assure that facility’s clients’ continued qualification for benefits on a regular basis.