What Is Elder Law?

Video Summary


What is elder law?


Many people ask me that question: Well, what exactly is elder law, or what do elder law attorneys do? Well, there are a few different practice areas that elder law attorneys cover. One of which is Medicaid planning, specifically for what's called the ICP program – also known as the Institutional Care Program. So, getting families qualified for Medicaid coverage for skilled nursing care, through a variety of methods, including a Medicaid plan, even as much as drafting a Miller Trust, or a personal services contract. So that's one component of elder law.


Another component of elder law would be probate, whether it be a summary administration or a formal administration. So, in Florida, probate is required to transfer title to assets in a decedent's name, absent joint ownership, or absent some other previous mechanism, such as a trust, to go [audio cuts out] and pass ownership. So probate is a part of elder law. Another component of elder law would be guardianship. Guardianship has two different forms [audio cuts out] incapacity guardianship which, in the elder law, is really gonna be used a majority of the time. And then you also have minor guardianship, so guardianships are a huge part of elder law, as far as that's concerned.


You also have estate planning. Estate planning is a very large part of elder law. Estate planning encompasses creating actual plans for your clients, as well as creating documents for their future, as far as last will and testaments, powers of attorney, healthcare surrogate forms, and declarations of preneed guardians. So those are some components of elder law, and what elder law attorneys do.



Our office, here at [audio cuts out], we handle all of those areas of the law. I specifically handle [audio cuts out] areas of the law, as well, and we would love to help you. If you have an elder law question, or an elder law need, please feel free to give us a call, at 727-847-2288.