Elder Law Attorney | Winter Park
Is a spouse required to use all of his or her money to pay for the nursing home cost of the other spouse?
Why do I have to fill out a questionnaire before being interviewed by a prospective attorney?
Why should I hire an elder law attorney?
Will the government or state take my house if I go into a nursing home?
“Elder law” is a term that refers to the wide range of legal matters that relate to the aging population in the United States. Age has the potential to present many new issues, from protecting your finances in retirement to new medical problems to long-term planning, and more. Many of these issues can be sensitive and personal matters though addressing them as soon as possible can increase the chances for a favorable resolution and reducing the risk of future legal issues.
- Adult Guardianships & Conservatorships
- Durable Power of Attorney
- Guardian Advocacy
- Guardian Ad Litem
- Medicaid Planning
- Probate Administration
- Probate Litigation
Since 1999, Sperling Ducker has guided clients through a wide range of elder law matters. From our office in Winter Park, Florida, we help our clients with a variety of family law and elder law matters. Our clients include:
- Senior citizens needing to plan their own financial and medical futures
- Children of parents who are no longer competent to make their own decisions
- The designated personal representative of an estate
Our firm is happy to answer your questions and to provide creative guidance based on our years of elder law experience. Our Winter Park elder law attorney provides individualized service and is able to meet with you at our office, or another location that may be more convenient for you and your situation.
Helping You Keep Control of Your Assets — Winter Park Medicaid Planning Attorney
It is never comfortable to think about the possibility of serious medical conditions developing as you age. However, both mental and physical medical issues can arise suddenly and you or your loved one may face the extensive costs of emergency or even long-term treatment. Treatment may include surgeries and hospitalization and many medical issues can prevent an older individual from living independently. Long-term care in nursing homes or other assisted living facilities can be costly and can quickly deplete a person’s hard-earned assets. In addition, the individual’s options for income may be limited and they can experience significant financial hardship.
Fortunately, there are many ways to plan ahead to protect an older adult’s finances while ensuring they receive high-quality medical care. The legal tools that are appropriate for you or your loved one will depend on the circumstances of your individual situation and an experienced elder law attorney can evaluate your situation and determine the best planning strategy for you.
Too often, we see clients in crisis who failed to take the relatively easy and relatively inexpensive steps necessary to plan ahead for their financial and medical future. At Sperling Ducker we use our elder law experience to help clients with any or all of the following:
- Planning for long-term care
- Determining Medicaid eligibility and planning asset spend-downs
- Creating a living will, advance health care directive or care plan
- Creating a durable power of attorney
- Preserving assets for heirs through wills and trusts
- Updating an existing will
- Creating or challenging adult guardianships
You can find answers to some of your questions on our Frequently Asked Questions page.
Assistance With Guardianships
In some situations, an older adult may need additional assistance even if they properly planned for their financial and medical future. Certain mental and physical illnesses or injuries can render a person unable to make their own decisions regarding their finances or medical care. In such a situation, it may be necessary to set up a guardianship. In order to legally take over your loved one’s decisions, a court must determine that they are temporarily or permanently incapacitated and must assign the guardianship. An experienced attorney can help with the process so that you can ensure your loved one and their affairs are properly cared for.
Sometimes, however, a family member may try to obtain a guardianship over you while you are still capable of making your decisions. Family members may be trying to take control out of genuine yet misplaced concern or even for self-serving reasons. In either case, you have the right to challenge the requested guardianship by proving to the court that you still have the capacity to make your own decisions. This can be complicated, however, and guardianship challenges can require evidence from experts and information that can get very personal. Our office has the resources and knowledge you need to successfully challenge an unwarranted guardianship. We can suggest any other less drastic ways that family members can provide assistance without a full guardianship.
Whether you are an older adult or a family member of an older adult, we can help address your concerns regarding guardianship or any other elder law matter.
Orlando Elder Law FAQs
Q: Do I need a will?
A: Do you have anything that you want to pass on to a charity? Siblings? Children? A person other than your spouse or children? Do you have children under the age of 18 for whom you would like to assign a caregiver or guardian should something untimely happen to you? These are many of the reasons to have a will. There are numerous others. Perhaps you have a pet, a dog, cat, horse, or bird, that you would like to provide care for after you die. Most of these issues can be resolved through your will. If, however, all of your assets are held as joint property and all of your survivor rights are clear, then a will may be superfluous for you.
Q: Can I avoid probate?
A: Do you really want to avoid probate? Many people are afraid of something they know absolutely nothing about. Probate can, once and for all, answer questions of title to property, how much interest is held in property through a bank account or to whom proceeds should be delivered. Many people are afraid of probate because they are worried about excessive attorneys’ fees; however, attorneys’ fees are limited by statute a very small percentage of the estate, based on the work involved. If, however, the estate is complex or there are challenges to the estate, many funds can be wasted litigating in the probate court. Our firm always takes a position of a mediated settlement with which you agree is better than wasting assets fighting in court and leaving the decision to a judge who has a thousand other cases.
Q: My father/mother/parents are beginning to drive erratically and I am concerned about them behind the wheel. What can I do?
A: Many times children can be worried about liability for their parents’ driving and for all the wrong reasons. So long as an adult holds a valid driver’s license and maintains proper insurance on the car, the State is responsible for ensuring that he is properly qualified to drive. If, however, you have specific information that a person is no longer qualified to drive, his doctor can make recommendations to assist you. Many times elders are not as concerned with not being able to drive as they are with not having input to decision-making about their lives. Often, elders are less concerned with their rights being taken away than they are with the manner in which action is taken.
Q: Can I be held liable for my parent’s bad driving?
A: Under most circumstances, no. But, if certain factors are true, you might be. You can confidentially request that the Florida Department of Highway Safety and Motor Vehicles investigate drivers’ abilities to determine whether they are still safe drivers; DHSMV can restrict or revoke licenses as appropriate. You can read more information about dealing with older drivers in your family at www.floridagranddriver.com.
Q: Do you represent me or my children?
A: I routinely meet with elders who ask me, “who are you working for?” or “why are they doing this to me?” I can always ensure the elder that I am his attorney, not his child’s attorney, and I represent him, but I will not allow him to endanger himself or those around him. My role as attorney is to give him advice that will help him live out his life according to his wishes. When he refuses to take that advice, I work very hard to negotiate with him, to help him understand why certain advice is in his best interest and why people are concerned about certain issues. I have dealt with many elders whose children called them unreasonable, stubborn, hard to get along with, old-fashioned, and other descriptions indicating difficulty in working together. Many times, the parent-child relationship is difficult for elders to navigate. Parents will always see their child as a child, and parents will refuse to take advice from a child because they are the parents and should know best. However, when a trained professional gives them the same advice or similar advice, or explains the reasons behind the advice in a manner they understand, they will many times accept that as the best course of action. Sometimes, just hearing from a third party is sufficient to allow a comfort and ease with the people suffering from the minor ailments that all elders encounter, but that may cause great stress in their lives.
Q: How much does a guardianship cost?
A: Depending on the situation, a guardianship may be as inexpensive as $1,000 or may be as expensive as several thousand dollars. When a child needs a guardianship, it is usually inexpensive, as normally a parent, grandparent, or other close relative can become the guardian in an uncontested manner. Many times, however, due to family dynamics and circumstances beyond either party’s control, family members can come into conflict over who has the right to make decisions for a parent, child, or disabled adult in need of a guardianship. In such cases, many times the judge will appoint a private guardian, which can be both a blessing, when it relieves conflict, but it can also be a very expensive result, when there are other adults who are ready, willing, and able to perform the same services.
Q: Does it have to be so expensive?
A: Many times people are afraid to ask questions or give information to their attorney for fear that it will complicate matters or make things more expensive. The greatest expense in attorney’s fees comes from attorneys finding out later what they should have found out early, such as when clients take certain actions without telling their attorney because they know the attorney would disapprove or they are afraid the attorney will direct them otherwise. Many times those actions cause excessive time and fees to correct those errors. Clients with the best of intentions can cause sometimes irreparable harm to their own causes when acting outside the advice of counsel. Many times if an attorney knows all the facts, all the reasons, and all the people involved, a solution can be found that minimizes the court aspects of litigation. Your priorities and the reasons for those priorities are critical to the attorney helping you to meet your goals. Many times stated goals are not the true priority. If the goal is to be the final answer in caregiver questions, that’s fine. If the goal is to maintain control over the wealth or assets, that is a fine goal, but it can be accomplished through many different ways. Psychologists talk about fear of loss and desire for gain as motivations and many times the fear of loss is a much stronger motivator than the desire for gain. Many times the desire for gain is expressed but the fear of loss is much more important. We work with clients in all situations to represent their interests properly and achieve the outcomes they desire.
Q: My mother lives alone and is beginning to forget things. I’m afraid she may need to enter a nursing home. What do I do?
A: This is a sensitive issue and if handled well, it can facilitate a very healing time. However, mishandling the issue may result in an extremely strained relationship between you and your mother. You should seek competent counsel to assist you. There are many options to explore, some that would even allow your mother to remain in her home, and your attorney can help you find the best solution for your situation.
Q: My parents are resisting my attempts to care for them. Do I need to have them evaluated for competency before I can make decisions about their care?
A: This is a sensitive issue and if handled well, it can facilitate a very healing time. However, mishandling the issue may result in an extremely strained relationship between you and your parents. You should seek competent counsel to assist you; your attorney can work with you and your parents to make sure that your parents receive the care they need and you receive valuable peace of mind.
Contact Our Winter Park Elder Law Attorneys
We take pride in our ability to craft creative solutions for each client’s unique situation. We welcome your inquiry about any type of elder law question and will use all the tools at our disposal to help. Please contact our Orange County law firm today for a flat-rate consultation with an Winter Park elder law attorney. We are happy to meet with you either at our offices or the location of your choice.
Struggling with child custody or a divorce? Not sure how to plan for you or a loved one’s elder care? If you are seeking legal representation contact Sperling Ducker PLC, Attorneys and Counselors at Law. Call us at 407-645-3297 or send us a send us a message. Visit our Winter Park and Orlando office. Sperling Ducker serves Altamonte Springs, Longwood, Maitland, Orlando, Oviedo, Winter Garden, Winter Park and Winter Springs and surrounding areas.