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  • Can I change my estate plan?
    Yes. Your estate plan should be updated as your life changes — like after a marriage, divorce, birth, or death in the family. A Bradenton Estate Planning Attorney can review and revise your documents as needed.
  • What is a Living Will?
    A Living Will outlines your preferences for medical treatment if you’re seriously ill or injured and unable to communicate. A Florida Advance Directive Attorney can ensure your Living Will reflects your wishes and meets Florida law.
  • What is a Revocable Living Trust?
    A Revocable Living Trust is a legal tool that holds your assets during your lifetime and transfers them directly to your chosen beneficiaries after you pass — often avoiding probate. A Trust Attorney in Bradenton can explain how this might benefit your situation.
  • How to help your parents with Estate Planning?
    Start by having open conversations and encouraging them to meet with a Florida Estate Planning Attorney. Planning for aging parents includes setting up Trusts and Wills, Durable Powers of Attorney, and Advance Directives health care documents with the help of an Advance Directive Lawyer.
  • What is a Designation of Health Care Surrogate?
    This document names someone to make medical decisions on your behalf if you're unable to do so. It’s a key part of your advance directives. A Health Care Surrogate Attorney in Florida can help you complete this with confidence.
  • Why do I need to plan?
    Estate planning ensures your assets go to the right people, avoids unnecessary legal delays, and allows someone you trust to make decisions if you can’t. It’s especially important if you’re planning for aging parents or minor children. A Bradenton Estate Planning Service helps you avoid future stress and conflict.
  • Does having a Trust avoid probate?
    It can but doesn’t always. Assets held in a properly funded Trust usually avoid probate, which can save time, costs, and court involvement. However, failing to properly fund a Trust could require probate. Talk to a Bradenton Trust Attorney to learn how to set up and fund a Trust correctly.
  • What is the difference between a Will and a Trust?
    A Will takes effect after you die and goes through probate, while a Trust can take effect during your life and usually avoids probate. Many people use both. A Bradenton Estate Planning Lawyer can help you decide what makes the most sense for your goals.
  • What makes up my estate?
    Your estate includes everything you own — your home, bank accounts, retirement funds, vehicles, investments, personal belongings, and more. A Bradenton Estate Planning Lawyer can help you understand what’s included and how to protect it.
  • What is an estate plan?
    An estate plan is a set of legal documents that outlines how your assets should be managed if you become incapacitated or pass away. It often includes a Will, Trust, Power of Attorney, and health care directives. Working with a Bradenton Estate Planning Attorney can help ensure everything is done properly and reflects your wishes.
  • How much does estate planning cost?
    Costs vary depending on your needs and the complexity of your estate, but many people are surprised to find it’s more affordable than expected. Worley Elder Law offers a complimentary consultation to discuss your wishes and objectives and can then offer clear pricing and customized solutions.
  • What is a Durable Power of Attorney?
    A Durable Power of Attorney lets someone you trust manage your financial or legal affairs if you can’t. It remains effective even if you become incapacitated. A Florida Estate Planning Attorney can guide you in choosing the right person and setting it up properly.
  • What is a Will?
    A Will is a legal document that states who should receive your property after your death and who will manage your estate. A Wills and Trusts Attorney in Bradenton can draft and execute a Will that meets Florida legal requirements.
  • When should I work with an Elder Law Attorney?
    It’s wise to meet with an Elder Law Attorney before a crisis arises — ideally while your loved one is still healthy. Early planning provides more options and protects both your loved one and their assets. Working with a professional who understands Elder Law ensures comprehensive care for your aging parents.
  • What is Elder Law?
    Elder Law focuses on the needs of older adults and their families. An attorney specializing in Elder Law will consider matters such as planning for long-term care, protecting an aging client, and addressing possible future mental or physical ailments. Unlike traditional estate planning, Elder Law also considers the client's needs in the event of physical disability or cognitive decline. A Bradenton Elder Law Attorney can help you navigate these complex issues with confidence.
  • Can Florida Medicaid take my home after I die?
    Most of the time the answer is no, and the homestead property is truly protected. Florida does have an Estate Recovery Program, which allows the state to seek repayment for Medicaid benefits from your estate after your death. There are ways to protect your home legally, so speak with a Medicaid Planning Attorney to plan ahead.
  • What are the options for long-term care?
    Florida offers various options including in-home care, assisted living, nursing homes, and hospice. Some services may be paid privately, while others may be covered by Medicaid. A Bradenton Elder Law Attorney can help you explore care choices that meet your needs and budget.
  • What is the difference between an Elder Law Attorney and a “Medicaid Specialist”?
    An Elder Law Attorney is a licensed and regulated professional who can offer legal advice, draft binding documents, and represent you before the state. In contrast, most “Medicaid Specialists” are not attorneys and may engage in the unlicensed practice of law, which can be risky — especially for vulnerable seniors who are not protected by the courts if something goes wrong. For safety and peace of mind, always work with a Florida Elder Law Attorney or Bradenton Medicaid Lawyer who is trained, licensed, and accountable.
  • What are the requirements to qualify for Florida Medicaid?
    To qualify for long-term care Medicaid in Florida, you must meet medical need requirements and strict financial limits for income and assets. These limits change regularly, so it’s best to consult a Florida Medicaid Attorney or Elder Care Attorney in Florida to review your specific situation.
  • What does an Elder Law Attorney do?
    A Florida Elder Law Attorney helps with Medicaid planning, long-term care decisions, incapacity documents, and protecting family assets. Whether you need help understanding benefits or creating a care plan, a trusted elder law attorney can guide your family with skill and compassion. Worley Elder Law has been proudly voted Best Elder Law Firm in Bradenton by Bradenton’s Best for several years — a recognition that reflects our commitment to serving the local community with integrity and care.
  • Does Florida Medicaid cover Assisted Living Facilities?
    Yes, but coverage is limited and subject to availability through programs like the Statewide Medicaid Managed Care Long-Term Care (SMMC-LTC) program. A Medicaid Attorney can help apply for benefits and determine what costs may be covered in an assisted living setting.
  • Are Medicare and Medicaid the same thing?
    No — Medicare is a federal health insurance program for people 65+, while Medicaid is a state and federally funded program that helps with long-term care costs for those who meet financial and medical criteria. A Bradenton Medicaid Lawyer can help you understand how Florida’s system works.
  • Can you plan ahead for Florida Medicaid?
    Yes — and planning early is key. The sooner you begin working with a Florida Medicaid Attorney or Bradenton Elder Law Attorney, the more tools are available to protect assets and ensure care. Planning for aging parents now helps avoid costly mistakes later.
  • What is a Qualified Income Trust (QIT)?
    A Qualified Income Trust (also called a “Miller Trust”) is used when someone’s income is too high to qualify for Medicaid. It allows the person to still become eligible by placing excess income into the trust. A Florida Medicaid Attorney or Medicaid Planning Attorney can draft this document correctly to ensure eligibility.
  • Are you legally responsible for your elderly parents in Florida?
    No, in Florida, adult children are not legally obligated to provide financial support or housing for their aging parents. The responsibility for their care typically falls to government programs like Medicaid or to the parents themselves.
  • Which states have filial responsibility laws?
    Currently, around 25 states have some form of filial responsibility law, including Pennsylvania, North Carolina, and South Dakota. However, enforcement is rare and usually only occurs when no other payment source, like Medicaid, is available.
  • Are you financially responsible for your elderly parents in Florida?
    No, Florida does not require adult children to be financially responsible for their elderly parents’ care. Florida is one of several states without filial responsibility laws, meaning you cannot be forced to pay for their medical or long-term care expenses.
  • Who is responsible for elderly parents?
    Legally, themselves first — elderly individuals are responsible for their own care and finances. If they can’t afford necessary care, programs like Medicaid often step in. In states with filial responsibility laws, adult children may be held financially responsible, but this is uncommon. In Florida, there is no legal obligation for adult children to provide financial support.
  • What are filial responsibility laws?
    Filial responsibility laws are state laws that can require adult children to pay for their parents’ basic needs, such as medical care or nursing home costs, if the parents are unable to afford them. These laws are rarely enforced but do exist in some states.
  • Does Florida have filial responsibility laws?
    No, Florida does not have filial responsibility laws. That means you are not legally required to cover your parents’ medical bills or nursing home expenses, even if they can’t pay.

This website has been designed by Worley Elder Law, PLLC for general information only. The information presented at this site should not be construed to be formal legal advice. Information you obtain at this site is not, nor is it intended to be legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us, however, contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until an attorney-client relationship has been established. The hiring of a lawyer is an important decision that should not be based solely upon advertisements.

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