Elder Law / Guardianship Law

McCarthy, Summers, Bobko, Wood, Sawyer & Perry, P.A is one of the few firms on Florida's Treasure Coast with a department dedicated to Elder Law and Guardianships.

A variety of specific legal services are available to assist the elderly and their families in planning to meet their goals and objectives for care during old age.

Because the elderly may become subject to dementia and physical incapacity that renders them unable to make decisions or handle their own financial needs and physical care, life planning through an experienced and qualified elder care attorney can help lay the groundwork for their future.

Guardianship

In 1989 the Florida legislature made revisions to allow less restrictive alternatives to guardianship as long as the alternatives adequately met the elderly person’s needs. The process of guardianship is complex and time-consuming, and involves court hearings, which may be not only emotionally trying, but also costly. Preparing advance directives such as a durable power of attorney, health surrogate designation, and a living will establishes alternatives to guardianship and are actions the elderly can take ahead of time with their attorney to plan for future issues.

During guardianship proceedings a panel of three medical professionals interview and determine the capacity of the elderly person and decide whether a limited or plenary (full) guardianship is warranted. The court appoints an attorney to represent the elderly person’s interests. The expenses for the work of these hired professionals are paid out of the elderly person’s assets. A court hearing is held to adjudicate to what degree the elderly person is capable of managing his/her affairs and what affairs are to be turned over to a guardian. Once the court makes a determination, the elderly person’s assets cannot be used without court permission. An inventory of assets, annual accountings as well as plans for the elderly person’s care are required and monitored by the court.

When elderly clients and their families understand the encumbrances of guardianship, many opt to work with an attorney to plan alternatives and avoid guardianship if possible.

Elder Care Options

Some of the legal actions that the elderly and their families can take ahead of time to prepare for future events may include, but are not limited to:

• Living Wills
• Durable Power of Attorney
• Healthcare Surrogate Designation
• Long-Term Care Insurance
• Long-Term Care Living Arrangements
• Assisted Living Planning
• Joint Ownership Accounts
• Medicare & Medicaid Planning
• Geriatric Care Management Services
• Incapacity Representation
• Pre Need Guardian Designation
• Voluntary Guardianship Designation
• Nursing Home Planning

For assistance in Elder Care / Guardianship, please contact our office to arrange for a consultation with one of our elder care attorneys.