Elder Law Planning Attorney in Miami, FL

Perlin Estate Planning & Probate helps families address the legal challenges faced by seniors in Florida. We help you navigate the complex systems of elder law and enable you to make informed decisions for the well-being of your loved ones.

In addition to understanding the intricacies of Florida elder law, we also possess a background in tax and estate planning. This enables us to identify other legal issues that may arise, and ensure that your family is well-cared for, despite life-changing events.

Elder Law is the legal practice addressing the issues of aging, including long-term care, senior housing and home care, health care documents, guardianships, Medicaid planning, and Medicare planning. 

• Medicaid Planning

We help families explore Medicaid eligibility. We help you make important decisions that could impact your assets and, more importantly, your quality of life.

• Guardianship

We guide families in making decisions about guardianship proceedings in Miami.  If a guardianship is the right choice for your family, we open the guardianship case and support you throught the court process. 

Long-Term Care

As the South Florida population ages, many more people will confront elder law-related issues. One of the most pressing concerns for these families is long-term nursing home care.  This type of care is usually is not covered by traditional health insurance or Medicare, and the average nursing home stay is more than three years. For most people, paying for nursing home care completely depletes a family of its assets.  

With careful planning, you may be able to avoid spending down your assets on long-term care. Options for doing so include irrevocable trusts specifically designed for long-term care planning, or purchasing long-term care insurance. It is also very important to ensure you receive all benefits for which you are entitled under Medicare and Medicaid.

Medicare

Medicare is an entitlement program, a federal health insurance program in which most people enroll when they turn 65 years old. There are no financial qualification rules. Medicare has two primary parts: Part A and Part B.

Medicare Part A covers in-hospital care, extended care after a hospital stay, some home health care services, and hospice services. The rules for nursing home coverage are very strict and, in fact, Medicare pays for less than 9% of nursing home care in this country.

Medicaid

Medicaid is a joint federal-state program.  It is subject to certain federal requirements, with each state implementing its own regulations that govern how the program is managed. Medicaid is not an entitlement program like Medicare — it is a form of welfare. Medicaid eligibility is determined after an application is submitted to the state of Florida. There are many Medicaid insurance programs available in Florida, from basic medical coverage to nursing home programs. 

We assist seniors and their families in making decisions regarding long-term care planning, including the exploration of Medicaid eligibility and the use of irrevocable trusts.

Senior Housing  

Moving to senior housing may be a daunting and emotional task. Finding a new home that is appealing and appropriate is challenging, and culling through a lifetime of personal belongings is physically and emotionally grueling.  Moreover, the emotions of the move and the loss of independence can be extremely difficult.

However, for many, the move is unavoidable.  Here are some tips to help make the transition easier:

1. Plan ahead. Do not wait for a health crisis to start the transition process. Begin now to discuss your wishes and plans with your spouse, family and friends. Meet with our office to ensure these wishes are properly documented and that you are ready to take full advantage of any government benefits available to you.

2. Get a full assessment of the current situation. Review any physical care needs and financial resources. Consider the costs of staying in place, including renovation and ongoing maintenance. Add the cost of rising utility bills and taxes, and don’t forget transportation and food. Make a list and decide whether it’s cheaper to stay or move to a community designed for seniors.

3. Take a step-by-step approach.  It usually takes more than a year to pack up and move to senior housing. Start now, and take one step at a time.  

4. Fully explore new housing options. Senior living offers a broader range of options than ever before. Learn about some alternatives that may be right for you.

Making a Difference,
One Family at a Time

Perlin Estate Planning & Probate helps families in Miami and South Florida cope with long-term care challenges. We help clients achieve and maintain the best possible quality of life, preserve assets, and receive all benefits for which they are qualified.

In many cases, elder law issues are interconnected with concerns related to estate planning, asset protection, and veterans’ benefits. With our multi-disciplinary approach, we create a tailored and strategic legal plan to meet your personal needs and financial objectives.