Answers to Common Questions About Elder Law, Medicaid Planning, Probate, and Asset Protection
Our FAQ section provides clear, practical guidance on the legal issues seniors and families face most often. Explore answers to common questions about long-term care planning, Medicaid eligibility, estate planning, guardianship, and strategies to protect your assets and ensure peace of mind.
What does an Elder Law attorney do?
Elder Law attorneys help seniors and their families with estate planning, long-term care planning, Medicaid eligibility, guardianship, and financial protection.
When should someone speak with an Elder Law attorney?
Ideally long before a crisis, but attorneys can also help during emergencies such as sudden illness or unplanned nursing home placement.
What legal documents should every senior have?
A will, durable power of attorney, advance directive, and possibly a trust depending on the situation.
How does someone qualify for Medicaid long-term care in Florida?
Eligibility depends on income, assets, medical need, and program requirements. Planning early helps avoid penalties or denials.
Can someone get Medicaid if they already own a home?
Yes. Many homes are exempt, but rules are strict—proper planning prevents mistakes.
What is a Qualified Income Trust (QIT)?
A QIT is used when monthly income exceeds Medicaid limits and helps applicants qualify without giving away assets.
Can someone still get Medicaid if they didn’t plan ahead?
Yes. Crisis planning is possible, and there are legal tools to protect assets even when care is needed immediately.
What is asset protection?
Strategies that legally shield your assets from creditors, lawsuits, and long-term care costs.
Is asset protection legal?
Yes—if done properly. Illegal concealment or fraudulent transfers can create serious consequences.
What tools are used for asset protection?
Trusts, retitling assets, insurance, business structures, and Medicaid planning.
Can your spouse’s assets be protected if one person needs nursing home care?
Yes. Florida has strong spousal protections that allow the healthy spouse to keep certain assets.
Do I need a will if I already have a trust?
Yes. A pour-over will ensures that any assets not in the trust are transferred properly.
What happens if someone dies without a will in Florida?
State law decides who inherits, which may not reflect the person’s wishes.
Is probate always required?
No. Some assets pass outside probate through trusts, beneficiary designations, and joint ownership.
How long does probate take?
Anywhere from a few months to more than a year, depending on the complexity of the estate.
When is guardianship necessary?
When someone can no longer make financial or medical decisions and has no valid power of attorney or advance directive.
What is the difference between guardianship and power of attorney?
A power of attorney is chosen voluntarily in advance. Guardianship requires court intervention after incapacity.
Can guardianship be avoided?
Often yes—through proper estate planning and advance directives.
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