What is “Elder Law”?
Medicaid Planning & Asset Protection
The costs of long-term care can be extraordinary. However, in Florida there are steps that can be taken to protect personal assets and income while still having access to quality health care. Most people, even those with substantial assets, can still become Medicaid eligible. A key aspect of our practice is to help our clients comply with Florida and Federal laws in order to become eligible for Medicaid and receive benefits.
Guardianship Proceedings
For individuals who do not have the mental capacity to manage their own affairs or health-care decisions, it may be necessary to petition the court for a guardianship. Proper estate planning can avoid the necessity of costly court proceedings, but many people do not have proper documents in place before losing capacity. We represent those seeking to appoint a guardian for the protection of a loved one. We also assist individuals who still do have the capacity to make their own decisions, and want to maintain their independence in cases where a guardianship is improper.
Probate & Trust Administration
When an individual passes on, their assets cannot be distributed without a formal court proceeding. For people with a will, this legal process is called probate. For people without a will, their assets are distributed according to rules set down in Florida statutes. For people with trusts and other financial documents which contain beneficiary designations, the probate process can be avoided, which can save both time and money. Our firm assists its clients with issues that arise involving the administration of trusts and the distribution of assets after death.
Special Needs Planning
For individuals receiving public benefits, Butler Legacy & Litigation can assist with drafting special needs trusts, which are a unique type of trust designed to be held for disabled individuals to receive benefits. Through a special needs trust, individuals with permanent disabilities can obtain a higher quality of life.
Elder Abuse & Fraud
Florida is, unfortunately, an attractive state for con artists. Florida tops all states in the percentage of seniors 60 and over - almost a quarter of the state’s population. Statistically, one in every five individuals over 65 will be the victim of financial fraud. Moreover, elderly and disabled individuals can also be the victims of neglect and abuse by caregivers. Butler Legacy & Litigation assists its clients in cases of suspected abuse and fraud.
Elder law refers to various areas of the law that primarily involve protecting and assisting the elderly. At Butler Legacy & Litigation, we understand that aging presents difficult challenges for seniors and for their families. We are dedicated to assisting our clients through these challenges, and helping them prepare for the future.
Each person has a situation that is unique to him or her. Our legal services for the elderly and disabled include creating appropriate legal strategies, advising on actions to be taken, and preparing documents to be executed.
Estate Planning
Estate planning is crucial to ensuring that as you age, your wishes will be carried out, your independence maintained, and your health care paid for. An estate plan is an important investment in your future, and clients of all ages can take steps to ensure that their money and assets are protected not only after death, but also during their lifetime. We understand that each client’s situation is unique, and an estate plan must be individually tailored to the client.
Advance Directives
Advance directives, such as Powers of Attorney, Health Care Surrogates, and Pre-Need Guardianship Designations, are key planning tools for every individual, regardless of age. Powers of Attorney appoint a person or persons who you wish to give power to act on your behalf in the event of certain circumstances, such as a traumatic disability. Health Care Surrogates are people you chose as a “health care agent” to act on your behalf with regard to your health care, in the event you are unable to express your own wishes.
Trusts
Trusts are private documents which create legal entities that are permitted to own and hold assets. Trusts are administered by a Trustee, for the benefit of Beneficiaries who may or may not be the Trustee. Trusts are used in various aspects of estate planning, in order to plan for health care, providing income to children, relatives, or close friends, and for other purposes. Different types of trusts exist for different purposes.
Wills
A will is a formal legal document that sets out the manner that your property and assets will be distributed when you pass away. Wills can be, and sometimes are, contested by potential heirs, who challenge the will in court. It is important to ensure that your will reflects your actual intentions, and complies with the various legal formalities designed to ensure its authenticity. Wills and trusts often work hand-in-hand, to ensure your property is disposed according to your wishes, while minimizing the potential for costly probate disputes and court proceedings.