
Navigating elder law, estate planning, and long-term care decisions can feel overwhelming — especially when you're making choices on behalf of someone you love. Below, you'll find clear answers to the questions Florida families ask most. If you don't see what you're looking for, contact us. We're happy to help.
Contact UsThere is no minimum age or asset amount required to benefit from estate planning. Any adult who wants a say in how their important financial, legal, and health care decisions are handled, both during their lifetime and after their death, should consider having a plan in place. Major life events like getting married, having children, buying a home, or retiring are also good times to create or revisit an estate plan.
It's a good idea to review your estate plan every three to five years, or whenever there is a significant change in your life or family. Life changes may include:
Changes like this create a natural opportunity to revisit your plan and ensure it is up to date. Schedule your free, 30-minute consultation with us today.
Florida law does not require you to hire an attorney to create a will, but working with an experienced attorney can help ensure your plan is prepared properly and works the way you intend.
Estate planning involves more than completing documents. Your plan may need to account for Florida's signing requirements, homestead protections, beneficiary designations, tax considerations, Medicaid planning, and how your assets are titled. An experienced elder law attorney can help you understand how all of those pieces work together and avoid common mistakes that can create problems for you or your family later.
Estate planning focuses on protecting your wishes and providing clear direction for the future. It addresses questions such as who will receive your assets, who will make medical and financial decisions on your behalf if you become unable to do so, and how your affairs will be managed after your passing. Because unexpected events can happen at any age, most adults benefit from an estate plan regardless of age or health.
Elder law takes a broader approach. While it includes estate planning, it also addresses legal, financial, and personal challenges that arise with aging. This includes Medicaid eligibility and long-term care planning, guardianship, Veterans benefits, and the financial and legal challenges that come with declining health or capacity.
At HKH Elder Law, our team helps families with estate planning, probate and trust administration, Medicaid planning and asset protection, and adult guardianship cases. Because our attorneys focus exclusively on elder law, we have the experience to guide families through the processes and challenges they may face in the years ahead.
Medicaid planning is the process of legally structuring your finances so that you or your loved one can qualify for Medicaid benefits to help cover the cost of long-term care without spending down everything the family has worked for. The best time to start is before long-term care becomes necessary, when more options are available. But even when a loved one is already in a facility or about to enter one, an experienced elder law attorney can counsel families on the steps they can take to protect their estate.
In Florida, Medicaid can help cover the cost of care in both assisted living facilities and nursing homes; however, Medicaid is a needs-based program. Individuals must meet set eligibility criteria. For questions about how we can assist with your specific situation, give us a call at 727-343-8959.
One of the most common questions families have is understanding the difference between Medicare and Medicaid. They sound similar, but they work very differently, and the distinction matters most when long-term care is needed.
Medicare is federal health insurance. Most people become eligible at age 65, regardless of income. It covers hospital stays, doctor visits and typically covers up to 100 days of short-term rehabilitative care in a skilled facility after a qualifying hospital stay. Medicare does not cover long-term custodial care, the kind of ongoing daily care many seniors eventually need.
Medicaid, on the other hand, is a needs-based program funded by both the federal government and the state. Medicaid provides health coverage for eligible individuals. Eligibility for Medicaid depends on several factors including an individual's income and assets. In Florida, Medicaid can help cover the cost of long-term care in a nursing home, an assisted living facility or at home.
Medicaid approval is an important milestone; however, maintaining eligibility is ongoing. Medicaid recipients must continue to meet program eligibility requirements as the State requires annual recertification for continued benefits.
Changes in income, assets, or other circumstances, such as receiving an inheritance or selling property, can impact eligibility if improperly handled or reported. HKH Elder Law offers a continuing care program to help families who want or need ongoing support to maintain eligibility and respond to Medicaid requests after approval.
Probate is generally required when a person dies owning assets solely in their name, with no beneficiary designated or automatic transfer to another person.
Here are some common situations requiring probate administration:
Here are some examples of assets that usually bypass probate:
A trustee manages and distributes assets held in a trust, while a personal representative is appointed by the court to handle assets that go through probate. The two roles follow different rules, though one person can sometimes serve in both capacities.
The cost associated with probate usually consists of these expenses:
Every estate is different, so costs vary based on its size, complexity, and whether unexpected issues arise. During your consultation, we'll discuss anticipated costs and provide a reasonable fee, so families know what to expect before moving forward.
Guardianship is a court-supervised process in which a judge appoints someone to make decisions for an adult who is no longer able to manage their own personal, financial, or medical affairs. This may be due to dementia, a serious injury, or another incapacitating condition. In Florida, before a guardian can be appointed, the court must determine that the person (called a "ward") is legally incapacitated.
Guardianship is typically necessary when a person can no longer manage their personal or financial affairs, and no other legal arrangements are in place. Common situations include dementia, a serious stroke or brain injury, or an adult with a developmental disability who needs ongoing decision-making support. Because guardianship removes certain legal rights, it is generally considered a last resort. When valid advance planning documents, such as a durable power of attorney and a healthcare surrogate designation, are already in place, guardianship may often be avoided. However, if those documents do not exist or are no longer sufficient to meet the person's level of need, guardianship may be the only legal option.
Guardianship begins when a petition is filed with the circuit court in the county where the proposed ward resides. The court then appoints an examining committee (usually three professionals) to evaluate the proposed ward's capacity. If incapacity is found, the judge determines whether a guardian is needed and, if so, what type of guardianship is appropriate. Because the process involves multiple steps and legal requirements, many families work with an attorney who will guide them through it.
In many cases, yes. Advance planning documents, such as a durable power of attorney, a health care surrogate designation, and a living will, can often eliminate the need for court-supervised guardianship if they are signed before a person loses capacity. For some individuals with developmental disabilities, guardian advocacy may also be an option. An elder law attorney can help your family evaluate which approach fits your situation.
HKH Elder Law operates primarily in the Tampa Bay area, but offers services throughout the entire state of Florida. While our office is based in St. Petersburg, we are equipped to assist families throughout the state. View our locations page to see what services we can offer in your area.
Fees vary depending on the type and complexity of the legal matter. Some services, such as estate planning, are typically offered on a flat-fee basis, so you'll know the cost upfront. Others, like Medicaid planning or guardianship, may require a customized fee based on your family's needs.
We're happy to discuss fees during your initial consultation so there are no surprises.
During your initial consultation, one of our attorneys will learn about your family's situation, answer questions, and recommend next steps. Whether you're planning ahead or addressing an immediate concern, our goal is to provide clear guidance so you can make an informed decision with confidence.