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What kind of attorney do I need to protect the assets of my elderly mother that needs to be placed in assisted living

Homosassa, FL |

She is failing fast and my wife and I do not have to skills to care for her. She has some assets that need protecting. Not a lot but enough to be concerned with.

My wife and I have heard there are attorneys that specialize in this but don't know where to start.

Attorney Answers 7

Posted

A trusts & estates lawyer

This is general advice and does not establish an attorney-client relationship.

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Posted

Yes, you need a lawyer you does trusts and estates. You need to start consulting immediately because once she is no longer competent, it may greatly complicate things.

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1 comment

Lawrence A Friedman

Lawrence A Friedman

Posted

Especially an elder law attorney with a trusts and estates background.

Posted

From your question, it sounds like you are looking for someone to help with medicaid planning. You should consult an elder law attorney.

The above answer is not to be considered legal advice and should not be relied upon as such. You should consult your attorney for specific legal advice as to your individual situation.

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Posted

We are called "Special Needs Trusts" attorneys and we assist those that may be disabled or may need to qualify for government assistance in their care. Is she on SSI or Medicare? Does she receive any state-funded assistance currently? Have you investigated any of the state-funded Assisted Living Waivers programs for her yet? Many Florida trusts and estates attorneys also have experience with special needs. That is the type of attorney you should be looking for. I don't know anyone personally in your area, but the Special Needs Alliance may have a special needs attorney in their network that is near you. The Florida Department of Elder Affairs can also be of assistance with programs that may benefit her. Good luck!

Carol Johnson Law Firm, P.A. : (727) 647-6645 : carol@caroljohnsonlaw.com : Wills, Trusts, Real Property, Probate, Special Needs: Information provided here is anecdotal and should not be relied upon or considered legal advice. Every matter is different and answers given here are general in nature and may not reflect current Florida law at the time you are reading this posting. Please contact me if you feel you need additional assistance with your matter.

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4 comments

Kelly Scott Davis

Kelly Scott Davis

Posted

Hopefully the elderly mother is under age 65 as that is the federal age limit on establishing a special needs trust. If she is over 65 other options need to be explored with an elder law attorney who does Medicaid planning.

Carol Anne Johnson

Carol Anne Johnson

Posted

Actually, if she is over 65 she can still benefit from a special needs trust in order to qualify for government medical assistance in the form of a d(4)(C) trust, just not a d(4)A trust.

Kelly Scott Davis

Kelly Scott Davis

Posted

Like many elder law attorneys who do a lot of SNTs, I use the term special needs trusts to distinguish d4A trusts from d4C pooled trusts and third party supplimental needs trusts. In fact they i suppose they all are special needs trusts. In your jurisdiction does Medicaid not penalize transfers into pooled trusts by individuals over ahe 65?

Carol Anne Johnson

Carol Anne Johnson

Posted

Where I practice, any of the d4A or d4C trust and 3P SNTs are considered to be special needs trusts (or, supplemental needs trusts) where the intended beneficiary is a disabled individual. As to jurisdictional differences, FL is a 1634 state, which I believe WY is also, so there shouldn't be any difference there. Right now, the way the POMs reads, the pooled trust is the ONLY available option for a disabled individual over the age of 65. However, it is important to note that the an exception to the age limitation and transfer penalties ONLY exists for disabled individuals. (See SI 01120.203)

Posted

I agree with my colleagues. You want to schedule a consultation with an Elder Law attorney.
The following link will help you preparing the initial consultation.

Douglass Lodmell is the nations #1 Asset Protection attorney and has clients in all 50 states, protecting over $4 Billion in client assets. Answers given by him in this forum do not establish an attorney-client relation. He advises to seek a specialized attorney in the area of your interest for legal representation.

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Posted

An elder law attorney that handles special needs trust and medicaid cases can help you.
Many times all the assets can be protected and government benefits can be obtained.
Many Florida offices including ours offer free consults.

Attorney Joe Pippen
20 Florida Offices
!-800-226-3529
www.attypip.com

The answer given does not imply that an attorney-client relationship has been established and your best course of action is to have legal representation in this matter.

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Posted

It sounds like you need an attorney who practices Estate Planning and Elder law.

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