Frequently Asked Questions – Elder Law in St. Augustine
What is Elder Law?
Elder law is a legal practice area focused on the needs of seniors, adults with disabilities, and their families. It includes Medicaid and long-term care planning, guardianship, advance directives, powers of attorney, estate planning, and asset protection strategies to preserve resources and ensure quality of life.
When should I talk to an elder law attorney?
The best time is before a crisis. Early planning ensures you qualify for benefits like Medicaid without losing assets unnecessarily. But even if you’re facing an immediate need for nursing home care, an elder law attorney can often help protect resources and guide you through the process.
How can I protect my assets from nursing home costs in Florida?
Florida offers legal strategies to preserve assets while qualifying for Medicaid, such as using Qualified Income Trusts (Miller Trusts), exempt asset transfers, and planning well in advance. Our attorneys develop tailored plans to meet Medicaid requirements while protecting as much as possible for your spouse or heirs.
What is Medicaid planning?
Medicaid planning helps you qualify for Medicaid long-term care benefits without spending down all your assets. It involves understanding Florida’s complex income and asset rules, creating trusts when necessary, and structuring finances to meet eligibility requirements legally and ethically.
What is the difference between guardianship and power of attorney?
A power of attorney lets you choose who will make decisions for you if you become incapacitated, without court involvement. Guardianship is a court process to appoint someone when a person is already incapacitated and can no longer make decisions—and didn’t create advance planning documents.
How much does it cost to hire an elder law attorney?
Costs depend on the complexity of your needs. At St. Johns Law Group, we provide transparent, upfront quotes. Many services, such as wills, powers of attorney, and advance directives, are offered at predictable flat fees. Medicaid planning and guardianships may require more involved, tailored pricing.
What areas do you serve?
We serve clients throughout St. Johns County (including St. Augustine, St. Augustine Beach, Ponte Vedra, Nocatee, Julington Creek), Flagler County (Palm Coast, Flagler Beach), Duval County (Jacksonville), Clay County, Putnam County, and select matters in Southern Georgia.
How do I get started?
It’s simple. 📞 Call us at (904) 495-0400 or contact us online. We’ll listen to your needs, explain your options, and help you create a plan that gives you and your family peace of mind.