A scenario for your consideration: Your mother has dementia, and she can no longer live alone. You want what’s best for her, so you want to become legally responsible for her wellbeing in order to make the best possible decisions on her behalf. But for what position are you applying? Already, in the beginning of the process, you don’t know whether you are trying to become her guardian or her conservator. Many people do not know the difference between guardianship and conservatorship, or they assume that these are different words for the same thing. Confusion over these terms often stems from t ..read more

To any compassionate person, it seems horrific that there are people in the world purposefully targeting vulnerable seniors for financial scams, but it’s an unfortunate reality. In 2022, seniors reported losing over $1.6 billion to scammers, which is an increase from the reported $1 billion losses of 2021. There are many types of scams and they seek to deplete your life savings, take advantage of your benefits, and steal your identity. Attorney Ryan Jay Smollar of Elder Law, P.A. is dedicated to advocating for the elderly, which includes educating seniors on the potential dangers of scammers ..read more

If you or a loved one is aged 65 or older, you are likely looking into healthcare options that will effectively cover your future medical needs. One option you have probably come across is Medicaid. Medicaid is a needs-based government healthcare program that benefits low-income families and individuals. If you’re thinking that Medicaid doesn’t apply to you or your circumstances, think again–Medicaid is a relevant option for any senior who is looking to plan for their future medical needs, particularly if they anticipate needing nursing home care.  Despite the fact that Medicaid has so mu ..read more

‍Medicaid is a program that provides low-income individuals and families with healthcare benefits. It provides coverage for people who might otherwise go without vital medical care. It also provides long-term care benefits for many who would otherwise not be able to afford them. The process of determining Medicaid eligibility is neither straight-forward, nor readily understood.  In order to qualify for Medicaid, one’s income must be below a certain percentage of their “adjusted gross income”, and their assets must be below the state limit. The adjusted gross income requirements vary, but ..read more

Estate planning is something that many people believe to be a task for their later years in life, but it actually is a way to ensure that your assets are properly managed while you are living and after you pass on. Despite the common misconception that estate planning is only intended for the rich and the elderly, millennials stand to benefit a great deal from taking this proactive approach to managing what they’ve worked hard to accumulate!  This is especially true in Florida, a state where the average cost of living a month is $4,224 per person; to afford a home, it’s recommended Florid ..read more

As you get older, it becomes increasingly important that you take the time to plan for your future, the future of your assets, and the future of your family members. That means taking certain practical, financial, and legal steps! One of those steps is establishing a Power of Attorney (POA). In this blog, we’ll walk you through what a POA is, different types of POAs that are available to you, why you need one, and how to make one!  What Is A Power Of Attorney? Power of attorney is a legal document that gives another individual that you trust the authority to make decisions on your behalf ..read more

None of us know how much time we have left, but most of us live as though we have all the time in the world. Unfortunately, people pass away usually much sooner than they expect to, and unfortunately for their families, it’s usually before they had the chance to get their legal and financial affairs in order. One recent survey found that only about 4 in 10 American adults currently have a will or living trust, which is a major problem!  A will is an extremely important document that lays out how a person’s assets should be distributed to their chosen heirs; when someone dies without a wil ..read more

In today’s economy, “estate planning” may seem to many like a stuffy luxury that they can’t afford. It’s true that working with a lawyer to create a will, set up a trust, and create other official documents can be an investment (though some estate planning lawyers are more affordable than presumed!). However, what most people don’t realize is that skipping this important process – while it will save them money now – will cost them and their families even more money later on.  If you’re hesitant about the costs of legal fees, here are 4 ways that estate planning can save your family money ..read more

When it comes to securing your family’s financial future through estate planning, there are several important factors that need to be considered. Unfortunately, many people unknowingly make costly mistakes during this process. It is crucial to understand the potential risks and pitfalls in order to avoid these errors. In this blog, we will discuss five common mistakes that should be avoided when engaging in estate planning: neglecting the creation of an estate plan altogether; failing to regularly update an existing plan; not including a healthcare directive and power of attorney; underestimat ..read more

What would happen if you were suddenly thrust into a medical emergency that rendered  you incapable of making important medical decisions for yourself? In such situations, important judgments need to be made in a moment’s notice that will have a profound impact on you and your family. Under such unexpected and extreme circumstances, would your family know how to respond according to your wishes regarding medical care or potential long-term health outcomes?  Advanced healthcare directives are the key to ensuring that your medical preferences are honored, even when you are unable to co ..read more