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Frequently Asked

Questions about

Elder Law in Florida

by Lisa M. Goddy, Esq.,
Trusts & Estates Attorney at Henderson, Franklin, Starnes & Holt, P.A..
Elder law focuses on the needs of older Notably, Medicaid’s “look-back” period means the timing of transfers
adults, their families and those planning for is crucial. A misstep could result in penalties or ineligibility, so these
the later stages of life. In Florida, where many strategies must be implemented by someone experienced in Florida
residents are retirees or “snowbirds” with unique Medicaid planning.
residency and asset structures, elder law often What is guardianship in Florida, and are there alternatives?
blends estate planning, healthcare decision- Guardianship is a court-supervised process in which a judge appoints
making, long-term care, Medicaid eligibility someone to manage the personal, financial, or medical decisions of an
and protection against exploitation. incapacitated person. While sometimes necessary, Florida law encourages
Below are answers to some of the most using less restrictive alternatives when possible, such as:
common questions we receive about elder law in Durable power of attorney
Florida. Healthcare surrogate designation
What is elder law? Pre-need guardianship declaration
Elder law addresses legal issues that affect older adults, individuals Trusts with successor trustees
with disabilities and people preparing for the aging process. While it These tools often eliminate the need for guardianship entirely if created
includes well-known areas like wills and trusts, it also extends to: before incapacity.
Long-term care and Medicaid planning How can I protect against elder abuse or exploitation?
Guardianship and alternatives to guardianship Elder abuse can be physical, emotional, financial, or involve neglect.
Special needs trusts for disabled beneficiaries An elder law attorney can:
Advance healthcare directives and living wills Recover misappropriated funds or property;
Preventing and addressing elder abuse or financial exploitation Seek injunctions or restraining orders;
Probate and estate administration Work with law enforcement or adult protective services; and,
The goal is not only to protect rights and preserve assets, but also to Establish safeguards through trusts, joint oversight or professional
create a plan that supports independence, dignity and quality of life. fiduciaries.
When should I meet with an elder law attorney? Early legal planning can also deter exploitation by ensuring trusted
The best time to meet with an elder law attorney is before a crisis individuals are in place before vulnerability arises.
happens. Early planning provides more options, whether you are What is probate, and will my family have to go through it?
looking to protect your home from nursing home costs, coordinate Probate is the legal process for settling a person’s estate after
multi-state assets or create a healthcare plan that reflects your values. death, including paying debts and distributing assets. Whether it is
Example: A Florida couple in their late 60s met with an elder law required depends on asset titling. Assets that pass through a trust,
attorney years before needing care. They were able to set up a trust, by joint ownership or through beneficiary designations usually avoid
strategically title the property, and put powers of attorney in place. probate. Florida offers different probate processes, including summary
When one spouse later required assisted living, they avoided court administration for smaller estates, which can be faster and less expensive.
intervention and preserved significant assets for the healthy spouse. Why work with a Florida elder law attorney?
However, if you are already facing an urgent need, such as a sudden Elder law is highly individualized, and Florida has unique statutes
incapacity, a pending nursing home admission or a guardianship and homestead protections that may not apply in other states. An attorney
petition, an attorney can help you act quickly to protect your rights and experienced in this area can:
access benefits. Navigate Florida’s Medicaid eligibility and planning rules
Is a will enough for my Florida estate plan? Interpret homestead and asset protection laws
A will directs how your assets are distributed after death, but it Coordinate benefits across state lines if you own property or have
does not address your lifetime needs. A comprehensive Florida estate family elsewhere
plan typically includes: Anticipate and prevent costly disputes or delays
The Durable Power of Attorney names someone to manage your From long-term care planning to probate, having knowledgeable
finances if you cannot legal guidance helps you and your family move forward with clarity and
An Advance Healthcare Directive & Healthcare Surrogate confidence.
Designation authorizes someone to make medical decisions for you Takeaway for Florida Residents
A Living Will states your wishes about life-prolonging treatments Elder law creates a plan that preserves your independence, protects
Trusts can avoid probate, manage assets during incapacity and your assets and ensures your wishes are carried out. Whether you are
provide for loved ones with special considerations planning ahead or responding to a sudden change, an experienced Florida
Without these documents, your family may need to seek court elder law attorney can help you make informed decisions at every stage of
involvement, which can be costly and time-consuming. life.
Can I protect my assets if I need nursing home care? About the Author
Yes, with proper planning. Florida’s Medicaid program has strict Lisa M. Goddy, Esq., who has been recognized by Best Lawyers in America®
financial eligibility rules, but there are legal ways to preserve assets for Elder Law, advises individuals, families, and business owners on estate
while still qualifying for benefits. Strategies can include: planning, elder law, probate, guardianship, and business succession. She may be
Converting countable assets into exempt assets; reached at lisa.goddy@henlaw.com or by phone at 239-344-1162
Creating certain types of irrevocable trusts; and/or
Using personal care contracts or annuities under specific guidelines.

Life in Naples | December 2025 59