Elder Law

What are the constitutional and Legal rights of the aged population?

The elderly have the inherent right to life, dignity, and the integrity of their persons, which shall be protected by law. The elderly have the right to be free from abuse, neglect, and exploitation. The elderly have the right to be free from discrimination. The Elder Justice Act established the Elder Justice Coordinating Committee to coordinate activities related to elder abuse, neglect, and exploitation across the federal government. It is also a source of authority for ACL programs and activities that include: Elder Abuse Prevention Intervention Demonstrations.

Are you legally responsible for your elderly parents in Florida?

Filial support refers to a statutorily-imposed obligation for adult children to be financially responsible for the debts or obligations associated with the care of an elderly parent. Filial responsibility laws differ between states. Florida does not have filial responsibility laws.

Elder law is an area of legal practice that specializes on issues that affect the senior population. The purpose of elder law planning is to prepare the elderly person for financial freedom and autonomy through proper financial planning and long-term care options. Elder law is an area of law that addresses the legal needs of elderly people, including retirement benefits, estate planning, health care, health management, and other issues.

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How do I get power of attorney for an elderly parent in Florida?

Visiting with an attorney is the best way to handle all legal issues. Another option is to download and print power of attorney documents from a reputable source, such as the State of Florida or a local municipality website. Fill in the form. Identify two adults as witnesses. Find a notary and have the agent and principal sign the form before them.

How can I get paid to care for my parents?

In Florida, limited programs will pay us to be caregivers to our family members. If your loved one is a Medicaid recipient on the Statewide Medicaid Managed Care Long-Term Care Program, the caregiver can apply to be paid through the Consumer Directed Care option.

A power of attorney is a legal document that allows one person (the “principal”) to grant to another person (the “agent”) the legal authority to make decisions and enter into transactions on the principal’s behalf. The legal authority granted can be significant, including the ability to sell or purchase real estate, transfer money, buy or sell securities, make gifts and the like.

A durable power of attorney allows the person you appoint to act in your place now, and when and if you ever become incapacitated. Without a durable power of attorney, no one can represent you unless a court appoints a guardian. That court process takes time, costs money, and the judge may not choose the person you would prefer. In addition, under a guardianship, your representative may have to seek court permission (which might not be granted) to take planning steps that you could implement immediately under a simple durable power of attorney.

Content supplied from Caregiver.com

Do you have questions about the difference between elder law and estate planning? You are not alone. According to the Administration for Community Living (ACL), there are approximately 50 million Americans aged 65 or older. That represents approximately one out of every seven Americans.

The areas of elder law and estate planning both impact the lives of older Americans, as well as anyone considering their future after retirement. While estate planning centers on implementing your wishes regarding the distribution of assets after you pass away, elder law concerns your legal rights as you age.

Elder Law Protects the Senior Population

Elder law covers a broad sphere of legal issues surrounding the rights of the elderly. It includes protecting seniors from abuse, preserving their assets, and ensuring their access to medical care.

Eldercare often involves long-term planning for a client’s future medical needs. It is important to take steps to ensure your medical care even if you become unable to make these decisions for yourself. By working with an elder law practitioner, you could make a plan for any medical care you may need should you become incapacitated in the future.

Another central aspect of elder law is preparing to qualify for Medicaid, VA benefits, or other benefits earned during the course of your life. In some cases, programs will have strict income or asset tests. Elder law attorneys can help you make a long-term plan for qualifying for these programs without losing the assets you worked your life to build.

Elder law attorneys can also assist with issues of discrimination and abuse. These attorneys can aid a client in protecting their rights, including the right to live free from abuse.

The Elder Law attorney is focused on many disciplines, including



Conservatorships and/or guardianships to delegate management and decision-making to another in case of incompetency or incapacity.


Estate planning

Estate planning and management of one’s estate during life and its disposition on death through the use of trusts, wills, and other planning documents.


Coordinating benefits

Coordinating benefits from both private and public resources such as the Veterans Administration and Medicaid.


Quality Care

Ensure the client’s right to quality care is upheld.


Real estate planning

Real estate planning, sale, or rental management.


Disability planning

Disability planning, including use of durable powers of attorney, living trusts, “living wills,” for financial management and health care decisions.


Preservation and/or transfer of assets

Preservation and/or transfer of assets to avoid spousal impoverishment prior to entering a nursing home. There is a five-year look-back period.


Contract evaluation

Contract evaluation for independent and/or assisted living facilities and other contracts.




Wills & trusts


Probate of a Will

What to consider when choosing an attorney:

Elder Law is a Specialty

Select an attorney that regularly practices in the area of Elder Law and is knowledgeable about current laws, regulations, and techniques. Attorneys who regularly work with the elderly appreciate the complex social, emotional, and financial decisions their clients will face. Keep in mind that an Elder Law attorney must be knowledgeable in multiple areas including Medicare, Medicaid, Veteran’s affairs, senior housing, estate law, probate, trust administration, and health care decision-making.

Ask for a Referral

Ask your friends, colleagues, and other professionals if they know or have heard of an Elder Law attorney. Ask other professionals, such as accountants, financial advisers, trusted medical professionals, other attorneys, or other professionals affiliated with aging communities.

The Orlando Senior Help Desk 407-678-9363 is happy to refer you to Elder Law Attorneys in the Orlando area.

Contact Us For More info!

When you need advice on senior services, senior living options, home health services, elder law, hospice, adult day care and more, please call us. Orlando Senior Help Desk is here to help you navigate the senior maze.

407-678-9363 for more information.