Tampa Law Blog

Elder Law: Helping Our Older Loved Ones

Like many professions, lawyers tend to concentrate their practices on certain areas. There are lawyers who practice in almost every imaginable topic. One popular lawyer website lists over 235 areas of the law in which lawyers concentrate their practice. This is in contrast to a general legal practitioner who does a little bit of everything. As the old adage says, a general practitioner is a "jack of all trades but master of none."

Will Medicare Pay for Nursing Home Care for Elderly Parents?

Many people mistakenly think that Medicare will pay for nursing home care for their elderly parents or loved ones. Unfortunately, except under limited circumstances, they are mistaken and that mistake can be a costly one. Families of elders should seek advice when facing long-term care issues.

Where Can You Turn When Seeking Help for Aging Parents?

The population of the United States is aging rapidly. The number of Americans ages 65 and older is projected to increase dramatically from 46 million today to over 70 million by 2030. Known as the "baby boomers", the 65-and-older age group's share of the total population will rise from 15 percent to nearly 24 percent.  

As this occurs, adult children and other family members will face increasing demands in terms of care giving for aging parents. These demands will be emotional, physical and financial. Often when faced with these demands, care takers feel lost, overwhelmed and don't know where to turn for help. 

How Can a Living Trust Benefit You and Your Loved Ones?

A Living Trust (also sometimes called a Revocable Trust) is a written document which allows the person setting it up to provide for the holding and distribution of their assets. In effect, a Living Trust is much like a Last Will and Testament in that it designates to whom assets are to be distributed and who will be in charge of distributing them. However, the way the Living Trust accomplishes these objectives is significantly different and thereby offers some definite benefits to both you and to your loved ones. Here are the major benefits:

What is a "Spendthrift" Provision in a Florida Trust?

Most well-drafted Trusts contain a spendthrift provision-also sometimes called a restraint on alienation provision. Such a provision sets forth special language preventing creditors from attaching or "taking away" the interest of a beneficiary named in a Trust. Florida law enforces spendthrift provisions so long as they apply to both voluntary and involuntary transfers.

Do you have a Living Will?

If you've ever been a patient at a hospital or any other medical facility, you've probably been asked this question: "Do you have a Living Will?" So what is this document? A Living Will is a document which allows you to declare your desires in the event of an "end-of-life" situation such as a terminal illness, an end-stage condition, or a permanent vegetative state. In making this declaration, here is some typical language contained in a Florida Living Will:

If at any time I have a terminal condition, end stage condition, or am in a persistent vegetative state, and if my attending or treating physician and another consulting physician have determined that there is no medical probability of my recovery from such condition, I direct that life-prolonging procedures be withheld or withdrawn when the application of such procedures would serve only to prolong artificially the process of dying, and that I be permitted to die naturally with only the administration of medication or the performance of any medical procedure deemed necessary to provide me with comfort care or to alleviate pain.

Ready for anything? Are You "In Omnia Paratus?"

A well-recognized Latin phrase, "In Omnia Paratus" is translated as "Ready for anything." Legally speaking, when it comes to life's challenges, many adults are not ready for anything. In particular, they are not ready in the event of disability, incapacity, or death. They simply are not prepared.

Tripped on an Uneven or Damaged Surface...Who's at Fault?

Some people are of the notion that if they're injured in a slip or trip and fall at a business, the business is automatically liable for their injuries. The fact of the matter is that in Florida the owner of property can be held liable if someone falls so long as the fall is due to the owner's negligence, i.e. the owner breaches his duty owed to persons who come on to the property. Liaibility is not automatic.

Ready or Not? Semper Paratus or Non Paratus?

The motto of the United States Coast Guard is "Semper Paratus" which is Latin for "always ready" or "always prepared." When it comes to being prepared for life's challenges, including illness, incapacity, and death, it is wise to be "always prepared." Unfortunately, in law practice many times we see that people are "Non Paratus" or "not prepared."

Email us for a response

We Can Resolve Your Legal Issues

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Our Location

14497 North Dale Mabry Hwy
Suite 160-N
Tampa, FL 33618

Phone: 813-280-0082 (AT)
Fax: 813-968-9426
Tampa Law Office Map