By Lisa M. Goddy, Esq.

Elder law focuses on the needs of older adults, their families and those planning for the later stages of life. In Florida, where many residents are retirees or “snowbirds” with unique residency and asset structures, elder law often blends estate planning, healthcare decision-making, long-term care, Medicaid eligibility and protection against exploitation.

Below are answers to some of the most common questions we receive about elder law in Florida.

What is elder law?

Elder law addresses legal issues that affect older adults, individuals with disabilities and people preparing for the aging process. While it includes well-known areas like wills and trusts, it also extends to:

• Long-term care and Medicaid planning
• Guardianship and alternatives to guardianship
• Special needs trusts for disabled beneficiaries
• Advance healthcare directives and living wills
• Preventing and addressing elder abuse or financial exploitation
• Probate and estate administration

The goal is not only to protect rights and preserve assets, but also to create a plan that supports independence, dignity and quality of life.

When should I meet with an elder law attorney?

The best time to meet with an elder law attorney is before a crisis happens. Early planning provides options, whether you’re looking to protect your home from nursing home costs, coordinate multi-state assets or create a healthcare plan that reflects your values.

Example: A Florida couple in their late 60s met with an elder law attorney years before needing care. They were able to set up a trust, strategically title the property, and put powers of attorney in place. When one spouse later required assisted living, they avoided court intervention and preserved significant assets for the healthy spouse.

However, if you’re already facing an urgent need, such as a sudden incapacity, a pending nursing home admission or a guardianship petition, an attorney can help you act quickly to protect your rights and access benefits.

Is a will enough for my Florida estate plan?

A will directs how your assets are distributed after death, but it does not address your lifetime needs. A comprehensive Florida estate plan typically includes:

• The Durable Power of Attorney names someone to manage your finances if you can’t
• An Advance Healthcare Directive & Healthcare Surrogate Designation authorizes someone to make medical decisions for you
• A Living Will states your wishes about life-prolonging treatments
• Trusts can avoid probate, manage assets during incapacity and provide for loved ones with special considerations

Without these documents, your family may need to seek court involvement, which can be costly and time-consuming.

Can I protect my assets if I need nursing home care?

Yes, with proper planning. Florida’s Medicaid program has strict financial eligibility rules, but there are legal ways to preserve assets while still qualifying for benefits. Strategies can include:

• Converting countable assets into exempt assets;
• Creating certain types of irrevocable trusts; and/or
• Using personal care contracts or annuities under specific guidelines.

Notably, Medicaid’s “look-back” period means the timing of transfers is crucial. A misstep could result in penalties or ineligibility, so these strategies must be implemented by someone experienced in Florida Medicaid planning.

What is guardianship in Florida, and are there alternatives?

Guardianship is a court-supervised process in which a judge appoints someone to manage the personal, financial, or medical decisions of an incapacitated person. While sometimes necessary, Florida law encourages using less restrictive alternatives when possible, such as:

• Durable power of attorney
• Healthcare surrogate designation
• Pre-need guardianship declaration
• Trusts with successor trustees

These tools often eliminate the need for guardianship entirely if created before incapacity.

How can I protect against elder abuse or exploitation?

Elder abuse can be physical, emotional, financial, or involve neglect. An elder law attorney can:

• Recover misappropriated funds or property;
• Seek injunctions or restraining orders;
• Work with law enforcement or adult protective services; and,
• Establish safeguards through trusts, joint oversight or professional fiduciaries.

Early legal planning can also deter exploitation by ensuring trusted individuals are in place before vulnerability arises.

What is probate, and will my family have to go through it?

Probate is the legal process for settling a person’s estate after death, including paying debts and distributing assets. Whether it’s required depends on asset titling. Assets that pass through a trust, by joint ownership or through beneficiary designations usually avoid probate.

Florida offers different probate processes, including summary administration for smaller estates, which can be faster and less expensive. My partner, Anthony Cetrangelo, shared an article explaining this process, Electing Summary Administration in Florida Probate: A Smart Move for Smaller Estates.

Why work with a Florida elder law attorney?

Elder law is highly individualized, and Florida has unique statutes and homestead protections that may not apply in other states. An attorney experienced in this area can:

• Navigate Florida’s Medicaid eligibility and planning rules
• Interpret homestead and asset protection laws
• Coordinate benefits across state lines if you own property or have family elsewhere
• Anticipate and prevent costly disputes or delays

From long-term care planning to probate, having knowledgeable legal guidance helps you and your family move forward with clarity and confidence.

Takeaway for Florida Residents

Elder law creates a plan that preserves your independence, protects your assets and ensures your wishes are carried out. Whether you are planning ahead or responding to a sudden change, an experienced Florida elder law attorney can help you make informed decisions at every stage of life. Those needing assistance in this regard may reach me at lisa.goddy@henlaw.com to schedule a consultation.