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Elder law covers a variety of legal categories that impact older adults, and there is some degree of intersection with estate planning. Elder law is focused on the needs of older people with disabilities, dementia, and vulnerabilities, addressing quality of life issues and paying for long-term care.
Seniors have many rights under elder law in Florida. For example, if a senior is part of incapacity proceedings for a guardianship case, they have the right to an attorney, the right to object to the proceedings, and the right to inspect certain documents related to assets in proportion to their capacity level. However, if a person is entirely incapacitated, then they are not required to be given a copy of the accounting.
Elder law helps ensure that older adults have a say in their care, finances, well-being, and guardianship while they still have the ability to make those decisions. It also helps ensure that incapacitated older adults are appointed a caring and responsible legal guardian and that their rights and safety are protected.
Elder law provides the legal tools that allow loved ones to step in and prevent an older relative from being exploited, abused, or mistreated. Elder law also provides the necessary documents and information that allow family members to act on behalf of an older relative.
For example, elder law allows family members to apply for government benefits, pay bills, and make sure the right caregivers are hired for an older loved one. These laws help ensure that the interests of vulnerable older adults are protected and that abuse, neglect, and exploitation do not occur.
I remember one case that involved an older adult who was very well-educated and respected in his field. It was discovered that he had dementia, which was rapidly progressing, and that he could no longer manage his finances. While he didn’t have family in the area, he did have a family friend who stepped in and petitioned the court to become this man’s legal guardian.
However, another guardian was also appointed over the man’s finances, and these two guardians really struggled to work with and trust one another. There was quite a bit of tension between them, and that contention could have been avoided entirely with proper estate planning.
Proper estate planning would have allowed the retired gentleman to talk with his family friend ahead of time and put plans in place that would have saved considerable money, time, and anxiety. Remember, it’s never too early to begin to plan for the future, consider your needs as you get older, or talk with an estate planning lawyer about your wishes and goals.
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For more information on Understanding Elder Law In Florida, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (813) 686-7175 today.
Attorney Myrna Setty is an accomplished elder law attorney serving Florida. For 10 years, she’s helped clients just like you plan for the future, understand and apply the law to their benefit, and ensure their rights and wishes are respected.
Have questions about elder law or the well-being of an older relative? Reach out to The Law Firm of Myrna Serrano Setty, P.A. at (813) 686-7175 for an initial consultation today.
You don’t have to handle probate and settlement on your own. Let The Law Firm of Myrna Serrano Setty, P.A. step in and take the burden of executorship off your shoulders. Call Us Now - (813) 686-7175
