What is Elder Law?
Elder law incorporates several various fields of law, including estate planning (powers of attorney, healthcare surrogates, living wills), guardianship, long term care, Medicare planning, as well as several other items. However, it specifically applies to only one aspect of the population- those who can be considered seniors.
Specifically we use:
- Durable Powers of Attorney
A Durable Power of Attorney (DPOA) is a document that allows you (the principal) to give authority to another person (your attorney-in-fact) to make financial/legal decisions and financial transactions on your behalf. It is called “durable” when, by its terms, it remains effective even if the principle becomes mentally incompetent.
A guardianship is a legal proceeding in the circuit courts of Florida in which a guardian is appointed to exercise the legal rights of an incapacitated person. This is used primarily for those who no longer have the legal capacity to sign a power of attorney.
- Health Care Surrogate Designations
A Healthcare surrogate is a person who you appoint to make medical decisions for you when you are unable to do so.
- Living Wills
Living Will is a legal document that a person uses to make known his or her wishes regarding life prolonging medical treatments and whether they wish them to be used or not.
- Medicare and Medicaid
The Medicaid planning has a 5 year look back period for assets. The asset limit for persons applying for Medicaid is as little as $5,000.00 in assets.
- Preventing and Correcting Abuse, Exploitation or Neglect of an Elderly Person
For abuse of an elder person, the first number we would suggest calling is the Department of Children and Families. In Florida, it is a crime to manipulate, neglect, or exploit an elderly person.
- Social Security Benefits
We discuss social security benefits as part of proper estate planning.
- Veterans Benefits
Helping Veterans fill out their application for VA benefits.
- Trusts (all types including special needs trusts) and wills are discussed more in depth in estate planning.
For more in-depth information regarding the above areas of Elder Law, schedule a free initial consultation with an attorney at Reinfeld & Cabrera, P.A.