Elder Law Planning Attorney in Miami, FL

The Law Office of Brian C. Perlin, P.A. helps families handle the specific legal challenges faced by seniors in Miami. Our elder care attorneys will help you navigate the complex systems of elder law in Florida and make informed decisions about the well-being of your loved ones.

Apart from the capability to handle the intricacies of elder law, our lawyers possess a background in tax and estate planning. We can explore possible legal issues that are in conjunction with the concerns you are facing now. We’ll help you achieve your goal of ensuring your family is well-cared for, despite life-changing events.

Elder Law covers the issues of aging, including long-term care, senior housing and home care, health care documents, guardianships, Medicaid planning, and Medicare planning. Call to get started with an elder law planning attorney today.

• Medicaid Planning

Our elder care lawyers help families explore Medicaid eligibility in Miami as part of long-term care planning. We help you make important decisions that could impact your assets and, more importantly, your quality of life.

• Guardianship

Our elder law attorneys guide families in making decisions about guardianship proceedings in Miami, Florida to help you plan for the well-being of your loved ones.

Long-Term Care Options

Addressing the Long-Term Care Dilemma

As our population ages, more and more people will confront elder law-related issues. One of the most pressing issues is long-term nursing home care, which usually is not covered by traditional health insurance or Medicare. The average nursing home stay is slightly more than three years. Most people end up paying for nursing home care until their personal (or family) assets are depleted. At that point, then they may qualify for Medicaid benefits and have Medicaid pay for continued nursing home care.

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 are receiving 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.

Florida Medicaid

Medicaid is a joint federal-state program, 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. There are many Medicaid insurance programs available in Florida, from basic medical coverage to nursing home programs.

The Florida Department of Elder Affairs provides a wealth of information for seniors and caregivers.

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

Senior Housing Options

Moving to senior housing may be a daunting and emotional task. The death or declining health of a spouse may trigger the need for such a move. Finding a new home that is appealing and appropriate is no easy task, and neither is culling through a lifetime’s accumulation of personal belongings.

Moreover, the emotional strain of moving from a comfortable home, coupled with the disappointment of the loss of independence, can be extremely difficult to bear. Here are some tips from our elder care lawyers in Miami that will 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 your estate planning attorney 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. Remember, it usually takes longer than a year to actually make a move to senior housing. Start now and take one step at a time. To look into asset preservation in Miami, get in touch with our elder law attorneys.

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

The Law Office of Brian C. Perlin, P.A. has been helping families in Miami and the rest of Florida cope with the long-term care dilemma of senior family members. Our elder care attorneys help clients achieve and maintain a satisfactory quality of life, preserve assets as much as possible, and receive all the benefits they are qualified to get.

In some cases, the elder law issues that a family faces are connected to other legalities concerning estate planning, asset protection, and veterans’ benefits. With our multi-disciplinary approach, we create a tailored and strategic legal plan that meets your needs and personal and financial objectives.