ELDER LAW ATTORNEY VIDEOS
Watch our Elder Law Video Playlist. We want to ensure you have access to the most current information, resources, and tips to plan for you or your loved one.
Elder Law Attorney in Tampa FL
Advocating for The Elderly and their Loved Ones
Elder law is an area of practice that focuses on all of these aspects of aging and more. Specifically, it is designed to protect the needs and interests of the elderly. Typically, an elder law attorney will help with estate planning, disability planning, estate settlement, and Medicaid planning. Mortellaro Law can help detail the best path for you and your loved one’s future.
Sophisticated Planning for Sophisticated Needs
From estate to Medicaid trusts, it’s not easy for an elderly person to fully grasp the ins and outs, benefits, and drawbacks of various planning measures. Many practitioners who don’t specialize in law for the elderly also lack the experience and knowledge to fully consider all the consequences of various planning moves. The sophisticated planning needs of the elderly deserve the attention of a professional who is well versed in elder law. Not only will this help ensure that all the plans work to the client’s benefit, but it will also ensure that the proper consideration is made for their unique concerns and place in life.
Medicaid Benefits
The time has come. Your loved one requires care in a skilled nursing, assisted living or memory care facility. Or maybe he or she is running out of Medicare-covered days of rehab. Now you’re faced with a list of questions, the most important being: How are we going to pay for this?
Many of our clients are told Medicaid assistance is not an option for them because they have too much income, or too many assets. But every situation is unique. Tell us your story; we can always work on solutions for your immediate needs and beyond.
Medicaid Planning
There are two tracks of planning that families embark on when it comes to Medicaid Planning – The Proactive Plan and The Immediate Need Plan. At Mortellaro Law, we can help you navigate both. We help elderly clients navigate Medicaid rules, avoiding common pitfalls in their estate plans and plan for a future that often includes long-term care. We will work with you to develop a proactive plan or address an immediate need.
VA Benefits
Military service history may qualify you or a family member to receive a VA pension. As in most federal programs, there are a myriad of eligibility requirements. Denial of applications is common. Consulting a VA Accredited elder law attorney is one way to avoid commonly made mistakes. At the Florida Law Office of Michelangelo Mortellaro P.A., we are dedicated to ensuring elderly veterans in Tampa receive all available benefits. We focus our representation on non-service connected disability. Even if current circumstances make you ineligible, there may be tools that we can use to help you qualify for a VA pension.
How Will You Pay For Long-Term Care?
What happens if you get sick or suffer an injury and need long-term care? Do you have an aging relative or friend who may need additional care within several years? Finding the correct information about Medicaid and VA Benefit eligibility is tough. You need to speak with an attorney who understands the law and can explain how it applies to your situation or that of a loved one. At Mortellaro Law, we focus on the legal issues faced by the elderly residents of our community. We have helped families across the Tampa Bay area navigate complicated legal rules to obtain benefits to offset the costs of long-term care. Misinformation abounds on the Internet and few truly understand Medicaid and VA benefit eligibility. We often work with clients who have been told they will be denied for benefits because they have too much in countable assets or make too much income. These clients frequently feel that they have no options in this situation. We have a variety of strategies available to resolve these problems.
A Trusted Advisor
The process of planning for yourself or a loved one’s health and financial future can be overwhelming. At Mortellaro Law, we start with EDUCATION. Michelangelo Mortellaro, P.A. will guide you every step of the way to develop the best plan and personalized approach that will meet your needs. We make it a point to promptly respond to questions, making ourselves readily available to our clients.
Medicaid Benefits
The time has come. Your loved one requires care in a skilled nursing, assisted living or memory care facility. Or maybe he or she is running out of Medicare-covered days of rehab. Now you’re faced with a list of questions, the most important being: How are we going to pay for this?
Many of our clients are told Medicaid assistance is not an option for them because they have too much income, or too many assets. But every situation is unique. Tell us your story; we can always work on solutions for your immediate needs and beyond.
Medicaid Planning
There are two tracks of planning that families embark on when it comes to Medicaid Planning – The Proactive Plan and The Immediate Need Plan. At Mortellaro Law, we can help you navigate both. We help elderly clients navigate Medicaid rules, avoiding common pitfalls in their estate plans and plan for a future that often includes long-term care. We will work with you to develop a proactive plan or address an immediate need.
VA Benefits
Military service history may qualify you or a family member to receive a VA pension. As in most federal programs, there are a myriad of eligibility requirements. Denial of applications is common. Consulting a VA Accredited elder law attorney is one way to avoid commonly made mistakes. At Mortellaro Law., we are dedicated to ensuring elderly veterans in Tampa receive all available benefits. We focus our representation on non-service connected disability. Even if current circumstances make you ineligible, there may be tools that we can use to help you qualify for a VA pension.
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Advance Directives
From estate to tax planning, Medicare set-up to trusts, it’s not easy for an elderly person to fully grasp the ins-and-outs, benefits and drawbacks of various planning measures.
A Durable Power of Attorney — This document names an agent who can handle your financial and legal affairs and remains in effect even after incapacity.
A Living Will — This document includes directions regarding long term life support measures that you want or do not want to receive if you are unable to communicate your directives.
Health Care Surrogate — This document names a representative who will make medical decisions for you and obtain medical records when you will not be able to make them yourself.
Wills & Trusts
The foundation of an estate plan is often a will and trust. Adult children with aging parents in Florida may want to ask whether these documents are up-to-date. Wills and trusts are the best way to reduce family conflict by clearly expressing final wishes.
A living trust, which may be a vehicle to avoid probate.
A special needs trust that makes sure a gift does not make the beneficiary ineligible for government benefits.
An irrevocable trust for asset protection.
Living Will
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Health Care Surrogate
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Power of Attorney
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Special Needs Planning
When you want to leave a gift to a child, family member or close friend who suffers from a disability, you must be careful. Listing someone with special needs as a beneficiary on a 401(k) or insurance policy is particularly problematic. A large lump-sum gift could disqualify the individual from continuing to receive Supplemental Security Income and/or Medicaid benefits. The individual is also unlikely to know how to handle a large sum of money.