Elder Law in Florida

The elderly are often more susceptible to being taken advantage of than most adults are. Many are unable to care for themselves and require the support of a medical professional, home health aid, or someone to assist them with daily living tasks, including paying bills, preparing meals, and other necessary responsibilities. However, far too many elders find they cannot trust their caregivers and, in some cases, are even subject to neglect and abuse.

Florida’s leading elder law attorneys at Luhrsen Goldberg are here to help the elderly and their family members protect themselves and demand justice when necessary. Our proven team of personal injury and estate planning lawyers work tirelessly advocating for our client’s rights and using the law to bring misconduct and negligence to justice. Contact our law office to request a 100% free consultation and learn more about laws impacting the elderly in Florida and when elderly victims and their family members should take legal action.

Elders and their families often turn to a knowledgeable and experienced elder law attorney when they are starting to plan ahead or find themselves needing to take action against someone who has taken advantage of, wronged, or harmed an elderly relative. Our team at Luhrsen Goldberg handles a wide array of elder law issues and legal plans. Put our combined decades of training and skill to work when you need legal assistance with any legalities involving the elderly, including:

One of the most common types of legal matters our elder law lawyers help families with is guardianship. In many cases, the elderly may be deemed incapable of taking care of themselves physically and financially. When this happens, a family member or other third party can be appointed by a court to handle and take care of that individual’s business or personal affairs in an effort to protect them.

The person or party who takes over these responsibilities becomes known as the guardian; the incapacitated person is known as the ward. Guardians are legally obligated to act in the ward’s best interests, and when they fail to do so, our legal team can help the family take legal action where appropriate and necessary.

There are several types of guardianship involving the elderly. Some of the most common guardianship cases our clients have dealt with include:

Legal guardians will take over the elderly’s health, finances, and decision-making responsibilities. Some of the most common duties guardians have include:

It is not uncommon for the elderly and their families to be confused about whether guardianship or conservatorship is more appropriate for the elderly. In Florida, conservatorships are only established when the elderly cannot be located and are terminal or presumed dead. Alternatively, guardianships are set up to benefit the elderly when they need assistance managing their affairs.

Families may be in need of an elder law lawyer when it is time to discuss the elderly’s long-term care plans. Figuring out which long-term care plans make the most sense for the family and the elderly can be confusing, and many families struggle to decide whether live-in facilities, community-based care, home health care, or other options are the right fit for their loved one’s needs.

Planning ahead is essential when thinking about long-term care. When families believe they have made the right long-term care plans, the next step is figuring out how to cover the costs. Some of the most common ways the elderly cover these expenses include:

Many elder law law firms help the elderly with their Medicaid and Veteran’s benefits. Some families are unsure whether their relatives qualify, while others do not understand how these benefits and compensation work. Luhrsen Goldberg makes it possible for families to ask the tough questions and get informed answers so they can continue to make educated decisions regarding their elderly relative’s safety, finances, and care.

Medicaid is one of the most common ways the elderly and their family members plan to cover the elderly’s medical expenses and assisted living costs. However, there are strict eligibility requirements, and many families are unsure whether their loved ones qualify. Medicaid should not be confused with Medicare. While Medicaid covers medical expenses, Medicare is different. Medicare is a type of health insurance coverage that is only available to individuals aged 65 or older or those who otherwise meet the eligibility requirements.

The elderly are at significant risk of being abused or neglected when they are forced to rely on assisted living facilities and nursing homes for around-the-clock care. Our attorneys at Luhrsen Goldberg recognize nursing home abuse and neglect and are prepared to help families bring liable parties and abusers to justice.

Elder abuse can come in multiple forms. In fact, one of the primary reasons nursing home abuse and neglect continue to run rampant across Florida is that some types of abuse are more easily noticed than others. Here are some of the most common types of abuse we help our clients cope with:

Physical abuse is often the most noticeable type of nursing home abuse. This often results in severe bodily injury, illness, or even death. Some examples could include:

Not only can the elderly be sexually abused by their caregivers, but they can also be abused by other nursing home residents and individuals working in the nursing home or assisted living facility. Sexual abuse may be more difficult to identify. However, any type of unwanted and non-consensual physical touching could be considered sexual abuse or assault.

Psychological and emotional abuse can torment the elderly. Abusers may isolate the elderly or give them the silent treatment, which can be devastating for those who need human contact and communication for their mental health. Emotional abuse can also include making insults, humiliating the elderly, and intimidating them into doing whatever the abuser commands. Some of the most common signs of emotional abuse include:

Financial abuse often goes unnoticed until the elderly lose a significant sum of money. It is common for guardians and financial powers of attorney to maintain control of the elderly’s finances. However, many of these parties do not uphold their fiduciary duty and fail to act in the elderly’s best interests. Sudden changes to the financial power of attorney, missing funds from the elder’s bank accounts, and using the elderly’s possessions without their permission are a few signs of financial exploitation and abuse. Fortunately, financial abuse can often be identified more easily due to receipts, bank statements, estate plans, and financial records.

Neglect in nursing homes is often surprising to the elderly’s family members. These facilities are designed to protect and care for those who are incapable of caring for themselves or providing their essential needs. When in-home service providers or caregivers fail to properly care for the elderly, this could be considered neglect. Some examples of neglect could include:

It is not uncommon for the elderly to suffer malnourishment, dehydration, and develop bed sores due to neglect. These can result in severe physical injury or illness, which can be difficult or impossible to overcome depending on the elder’s health.

Dealing with elder abuse, guardianship, and long-term care plans can be emotionally taxing. Families often struggle to maintain level heads and need the legal support of a trusted professional who can help them make informed decisions and explore their legal options. Luhrsen Goldberg guides families through estate planning, guardianship, and long-term care plans, developing plans that prioritize the elderly’s needs and desires.

Our team helps families put the elderly’s needs above all else and protect them when they are taken advantage of or wronged by their caregivers. We do not believe families should have to make these decisions alone or make decisions without being fully informed of what they mean. With Luhrsen Goldberg’s elder law attorneys, families can feel confident and trust in the choices they make with and on behalf of their elderly loved ones.

The elderly may be at an increased risk of enduring abuse and being taken advantage of by family members, caregivers, and healthcare providers alike. It is crucial to be proactive and plan ahead wherever possible to minimize this risk. Our elder law attorneys at Luhrsen Goldberg know how to get results and hold liable parties accountable to the fullest extent of the law when necessary.

Elders and their family members can turn to us for help crafting comprehensive estate plans, creating viable long-term care plans, and bringing abusers to justice in the event of nursing home neglect or abuse. Contact our legal team to schedule a free, no-obligation consultation today when you call our office or complete our secured and confidential contact form.