Waldoch & McConnaughhay, P.A. represents clients in all aspects of Elder Law, including: planning and asset protection, special needs trust, estate planning, surrogate decision making and probate and trust administration.
We work with people of all ages who are taking steps to ensure that their estates are protected not only during life, but after death. This estate planning encompasses simple wills and trusts and extends to special planning necessary for those leaving assets to elders or those with disabilities who might need assistance or protection of those assets.
Probate and Trust Administration
We assist personal representatives with the probate processes to ensure that the wishes of the decedent are respected. Probate administration involves the court supervised process for identifying and gathering the assets of a deceased person (decedent), paying the decedent’s debts, and distributing the decedent’s assets to his or her beneficiaries. Probate is also necessary to complete the decedent’s financial affairs after his or her death.
We represent individuals in minor, voluntary, involuntary, and guardian advocate proceedings. A guardian is a court appointed surrogate decision maker that may make personal and/or financial decisions for a minor, an adult subject to a voluntary guardianship, or an adult that has been adjudicated incapacitated by the court. A guardian advocate is a court appointed surrogate decision maker that may make personal and/or financial decisions for a person with developmental disabilities without the adjudication of incapacity by the court. Our attorneys will work with you to determine the least restrictive alternative or form of guardianship that is appropriate.
Medicaid and Long-Term Care Planning
Our staff can help families dealing with the crushing costs and overwhelming mental and emotion toll involved with the care for elders or those with disabilities in the home, at an assisted living, or at a skilled nursing facility. We know the benefits and resources available to our clients including state funded programs, Medicare, Medicaid, and Veterans’ Benefits. We can assist with maximizing your options and ensuring the best quality of life for the client and for that client’s caregivers. Our attorneys and staff are available to assist you with issues involving: long-term care insurance, Florida’s Medicaid Programs (Home and Community Based Services, Institutional Care Program, Hospice, Medically Needy, and iBudget), Medicare Savings Programs, and Veterans’ Benefits (Aid & Attendance).
Special Needs Trusts
Our firm handles the drafting of special needs trusts, vehicles that allow assets to be held for the use of those receiving public benefits. These trusts are governed by many areas of both federal and state law, and our attorneys are well-versed in the areas, providing both the client and the beneficiary of the trust with peace of mind throughout the process.
Surrogate Decision Making
Our attorneys can work with families to make sure that the proper tools are in place to allow caregivers to assist the elder or the person with a disability or, when appropriate, to assume the responsibilities of that person for protection, quality of life, or convenience.