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What an Elder
Law Attorney
Can Do for You
By Martin H. Cohen, Esq.
Clients often ask how “Elder Law’ differs from traditional Estate Planning.
Whereas the estate planner is concerned with the client’s money, the Elder
Law practitioner counsels the client on how to live his or her remaining
years in dignity. Thus, Elder Law concentrates primarily on the person, the
elder, and the type of life he or she desires and only secondarily on his or
her estate. After the Elder Law attorney and client complete their work,
legal documents are drafted, tax considerations are analyzed, and a plan to
protect the elder’s estate is implemented.
To protect yourself and
your family in the event of death, disease or disaster, you should have each
of the following documents: Last Will & Testament, Durable Power of
Attorney, Designation of Health Care Surrogate, Living Will, and Declaration
of Preneed Guardian.
A Last Will and
Testament is a legal document that takes effect upon your death. If properly
drafted and executed, the will is then probated, and your assets are
distributed according to your wishes. You should periodically update your
will.
A Durable Power of
Attorney allows you to give someone the authority to manage your financial
and personal affairs in the event that you become incapacitated. However, a
durable power of attorney takes effect immediately, and ends at your death.
Spending a few moments now while competent can save thousands of dollars in
guardianship court costs and legal fees should you become incapacitated and
need someone to manage your personal and financial affairs.
A Designation of Health
Care Surrogate authorizes someone to make decisions about your medical care
if you are unable to do so for yourself. The person you appoint is your
“surrogate” or agent. This is usually coupled with a Living Will, which
expresses your wishes regarding life support under certain circumstances.
These documents allow you to state your personal wishes about your medical
care should you some day be unable to do so. If properly drafted, these
documents can minimize family squabbles and will largely reduce the amount
of controversy surrounding your medical treatment.
A Declaration Naming
Preneed Guardian, is a document under which you choose your own guardian,
should one ever be needed, while you are competent to do so. Generally, the
probate court will honor your wishes. Moreover, making your wishes known
will often avoid family disputes and legal fees that might otherwise occur.
Elder Law attorneys are
also called upon to protect life long savings from rising nursing home
costs. On average, nursing home expenses in Florida exceed $50,000 per year.
The primary resources available to help pay for these skyrocketing costs
include: long term care insurance, private pay, Medicare, and Medicaid.
Proper estate planning is critical to ensure that you qualify for government
programs like Medicaid. If so, your assets will remain protected, and can
instead be distributed to your spouse, children, or favorite charity.
The legal issues
affecting senior citizens are numerous and complex. More than ever before,
it is clear that personal responsibility and careful planning will be the
hallmarks of a successful estate plan.
Therefore, it is
critical that you choose a lawyer qualified in both Elder Law and Estate
Planning.
If you have questions about anything on this
website, or if you wish to schedule an appointment, contact Mr. Cohen at
(954) 315-0355
or by
E-mail.
Mr. Cohen maintains two offices for the practice of
Estate Planning, Elder Law and Disability Law in Broward County, Florida
for the convenience of his clients:
Flamingo Falls Professional Center
1806 N. Flamingo Rd.
Suite 300
Pembroke Pines, FL 33028
and
Crossroads One
8201
Peters Rd., Suite 1000
Plantation (Fort Lauderdale),
FL 33324
For those of you who are unfamiliar with South Florida geography, Broward
County has 30 municipalities, including:
Coconut Creek,
Cooper City,
Coral Springs,
Dania Beach,
Davie,
Deerfield Beach,
Fort Lauderdale,
(Ft. Lauderdale),
Hallandale Beach,
Hillsboro Beach,
Hollywood,
Lauderhill,
Lauderdale Lakes,
Lauderdale-By-The-Sea, Lazy Lake,
Lighthouse Point,
Margate,
Miramar,
North Lauderdale,
Oakland Park,
Parkland,
Pembroke Park,
Pembroke Pines,
Plantation,
Pompano Beach,
Sea Ranch Lakes,
Southwest Ranches,
Sunrise,
Tamarac,
Weston,
Wilton Manors.
For
information on these cities, click on the appropriate link.
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