Elder Law

The issues and concerns that seniors and their families must address require practical solutions and thoughtful guidance crafted specifically for the latter part of our lives. At Ginsberg Shulman, our Elder Law attorneys work closely with our clients to develop and implement personalized strategies focused on maintaining and enhancing their quality of life and providing them and those they love with invaluable security, clarity, and peace of mind.

What Is Elder Law?

Fundamentally, elder law is about ensuring seniors have the resources they need to be healthy and secure as they age. In the context of elder law, “resources” means more than just money and assets. It also includes having documents and trusted individuals in place if a sudden tragedy or chronic condition leaves an individual unable to manage their own care and financial affairs.

Even people who feel financially secure can find themselves suddenly overwhelmed by the costs and practical difficulties of an unexpected illness, the need for long-term or specialized care, and other expenses. Ginsberg Shulman has extensive experience implementing strategies designed to pay for the often-astronomical costs of long-term care without draining a lifetime’s worth of savings or placing an undue burden on spouses, children, or other loved ones.

Our Elder Law Services

Medicaid Pre-Planning 

Many seniors are surprised to learn that Medicare won’t cover the vast majority of costs associated with long-term care. Without additional resources to cover those expenses, seniors and their families can quickly find themselves in dire financial straits if the need for skilled nursing or long-term care arises.

But with careful planning, seniors and their families can qualify for Medicaid benefits to pay for such care while preserving their savings for themselves and their heirs.

Medicaid is a federal and state program primarily focused on ensuring that individuals can obtain the medical care and treatment they need. Medicaid pre-planning is how individuals can protect their assets and still qualify for Medicaid benefits. The whole point of Medicaid pre-planning is to structure and “spend-down” your assets so Medicaid does not consider them when determining your eligibility for benefits.

However, there are strict rules about how and, critically, when you can transfer and spend down your assets. You can’t just transfer or give them away without value, and you can’t spend down your assets on Thursday and apply for Medicaid benefits on Friday. If you do so, you could lose your Medicaid eligibility. That is why it is so critical to meet with an experienced elder law attorney well before the need for care arises.

Medicaid Long-Term Care Crisis Planning

Unfortunately, many – if not most – people don’t work with an experienced elder law attorney on Medicaid pre-planning and don’t consider how they will pay for long-term care until right before or after they need it. Figuring out how to pay for these immediate and open-ended expenses can put tremendous stress on seniors and their families.

Fortunately, there are still steps seniors can take to qualify for the Medicaid benefits that will pay for long-term care, even when they need that care now. Long-term care crisis planning, while not ideal, is infinitely better than doing nothing. Starting today, Ginsberg Shulman’s Elder Law attorneys are ready to help you take the steps needed to protect your health, assets, and family from the high costs of long-term care.

Advance Care Directives or Guardianship 

While a will addresses what happens after you die, it says nothing about your wishes if you become unable to make crucial decisions regarding your health, medical care, or financial affairs while you are still alive. But we all know there’s a possibility that illness and age can leave us incapacitated and unable to express or carry out our intentions about such vital issues.

Advance care planning that gives direction to your loved ones and doctors if you become unable to make such decisions can spare them from speculation and additional stress during a difficult time. An advance directive is a document that identifies your wishes concerning your care and who will be entrusted with ensuring your wishes are followed.

Ginsberg and Shulman’s Elder Law practice also includes establishing and administering guardianships and conservatorships, reviewing and assisting with nursing home and assisted living contracts, and securing veteran’s benefits for those who have served our country.

Ginsberg Shulman: Ft. Lauderdale Elder Law Attorneys

At Ginsberg Shulman, we believe that our older family members, friends, and loved ones deserve to live out their years with dignity, security, and joy. In the end, that is what our Elder Law practice is all about.

Please contact Ginsberg Shulman today to discuss how we can help you lay a foundation for your golden years that will provide you and your family with peace of mind for years to come.