Elder law helps you plan for the life ahead: Where you want to live, how you would like to receive care, who can help with decisions, and how to preserve financial security for yourself and the people you love. Spiro Verras brings these questions into the estate planning conversation, with practical guidance shaped by a legal career that began in 1993.
Choose trusted decision-makers
A durable power of attorney, a designation of health care surrogate, a living will, a HIPAA authorization, and a declaration of preneed guardian can give the people you trust a clear understanding of your wishes and the authority appropriate to their roles. Planning while you can make and communicate these choices leaves more options available. A properly funded revocable trust can also provide continuity in managing trust property if you become unable to manage it yourself. Read more about a power of attorney, health care advance directives, and the complete incapacity plan.
Plan for the care you may need
Care may be provided at home, in assisted living, or in a nursing facility. The setting, level of support, and likely duration all affect the financial plan. Medicare covers some qualifying skilled care, but generally does not pay for ongoing help with everyday activities. Personal resources, long-term care insurance, and public benefits may each have a role. Our long-term care planning page explains how these options fit together.
Understand your Medicaid options
Medicaid long-term care eligibility depends on medical need, income, assets, and the rules of the particular program. Some property and transfers receive special treatment, and transfers for less than fair market value during the applicable five-year look-back period may delay eligibility unless an exception applies. Planning may involve spousal protections, a properly administered qualified income trust, or other arrangements suited to your circumstances. Each option deserves a clear explanation of its timing, tax consequences, and effect on access to your property. See Medicaid planning for a fuller discussion.
Housing and care decisions have legal consequences
A housing or care agreement deserves careful review before anyone signs it. Medicare- and Medicaid-participating nursing facilities generally cannot require a family member’s personal guarantee as a condition of admission or continued care, although a representative may agree to use the resident’s available funds to pay the bill. Assisted living and continuing care agreements raise their own questions about charges, services, refunds, and responsibility. If a family member will be paid for care, written terms and appropriate records help clarify expectations and any benefits implications. Spiro can help you consider these arrangements alongside the plan for your home and finances.
Build practical safeguards into the plan
Thoughtful planning can make financial exploitation harder to carry out and easier to identify. Safeguards may include a carefully chosen agent, appropriate accountings, a trusted contact at your financial institution, and shared oversight where it would help. Florida also provides civil and criminal remedies for exploitation. If a concern calls for additional counsel, Spiro can help you find the appropriate lawyer and remain involved to the extent you would like. You should feel comfortable asking questions before signing a deed, changing a beneficiary, or making a significant gift.
Preserve choice and independence
Florida courts must consider less restrictive alternatives before imposing guardianship. Well-prepared documents, reliable decision-makers, and a funded trust can reduce the likelihood that a guardian will be needed. Sometimes court supervision provides valuable protection that other arrangements cannot supply. A declaration of preneed guardian records your preference if that becomes necessary. The goal is a plan that supports your independence and provides the right help as circumstances change. We generally do not accept new guardianship matters except for existing clients. For new guardianship matters outside that scope, Spiro can connect you with trusted colleagues and help coordinate the estate planning questions.
A coordinated approach to your care and finances
The older adult is the client, even when a family member arranges the appointment. Spiro makes space for a private conversation with the client and welcomes family participation as the client wishes. He coordinates with your CPA, financial adviser, care professionals, and other appropriate advisers so that legal, financial, and personal decisions work together. The scope and fees are explained in advance. You leave with a clearer plan, an understanding of the documents, and someone you can turn to as new questions arise.
Contact our office to arrange a consultation with Spiro about estate planning, trusts, or probate. Meet in Palm Harbor, in Tampa or St. Petersburg by appointment, or by Zoom or teleconference.