Elder Law

Legal problems facing elderly people are often complex and interrelated. Laurie Ohall, is Florida Board Certified in elder law, which means she’s one of the very few attorneys in Brandon that is legally classified as a specialist in elder law. She is always current with the changing laws related to Florida Medicaid and Florida Medicare and the ways in which these programs affect the senior population.

We work with people to address all the legal issues that may be complicating their lifestyle, including:

  • Medicaid Claims and Appeals for denial of benefits
  • Preservation or transfer of assets seeking to avoid spousal impoverishment when one spouse enters a nursing home
  • Estate planning and tax planning
  • Long-term care placement issues
  • Long-term healthcare issues
  • Guardianship issues
  • Other issues which are more personal to the Elder, including worries about assisted living or nursing homes, becoming too forgetful and cannot pay their bills, worries about whether someone is stealing money or property from the individual, etc.

What does an Elder Law Attorney Do?

An Elder Law Attorney is aware of the real life problems, health and otherwise, that people experience as they age. They are tied into a system of social workers, psychologists, geriatric care managers, and other elder care professionals who may be of assistance to their clients. Attorneys who work with the elderly bring more to their practice than experience with the legal issues. They have an understanding of the elderly that allows them and their staff to ignore the myths related to aging. At the same time, they recognize and empathize with some of the true physical and mental difficulties that often accompany the aging process.

Money worries: We counsel clients who are worried about the cost of assisted living or nursing homes. To avoid spousal impoverishment after one spouse enters a nursing home, we also work with clients on the preservation or transfer of assets.

Personal concerns: Our lawyer counsels clients who are worried about whether someone is stealing their money or property. We also work to create solutions for clients who struggle with forgetfulness or have difficulty remembering simple tasks, such as paying their bills.

Serving: Brandon, Valrico, Riverview, Apollo Beach, Plant City, Fish Hawk, Lithia, Gibsonton, Wimauma, etc.

Medicaid & Medicare FAQs

Having an elderly family member enter a nursing home or assisted living facility can be very stressful. You may find yourself asking how will their care be paid for, are they getting the best care, will you be able to make certain decisions for them? These are some of the questions that we can help you answer. Here are the answers to some frequently asked questions:

What Does Medicare Pay For?

Medicare is a health insurance program for the elderly and disabled, and it provides benefits for those who have reached age 65 and are entitled to receive Social Security (they worked and “paid into” the system by making payroll tax contributions for 10 or more years, or 40 quarters) or Railroad Retirement benefits. Medicare also provides benefits for those who are disabled of any age and have received Social Security or Railroad disability benefits for at least two years. For those who need nursing home care, Medicare Part A will pay for post-hospital skilled nursing care at 100% for the first 20 days and for days 21 through 100, there is a co-pay and you can find the most up-to-date numbers at medicare.gov/basics/costs/medicare-costs.

What Does Medicaid Pay For?

Medicaid covers a wide range of health care coverage for individuals and families with low income and low assets. In particular, the Medicaid Institutional Care Program (ICP) will pay for nursing home care for those who are age 65 or older, or who are disabled as determined by social security criteria. The basic requirements for Medicaid are as follows:

Income Limits – In 2025, the income limit is $2,901 per month and a Spouse can receive a minimum of $2,555 of applicant’s income to a maximum of $3,948 per month. If the Applicant’s income is over $2,901 per month, he or she may still qualify for ICP Medicaid with the use of a Qualified Income Trust.

Asset requirements: Asset requirements: In 2025, Applicant can have no more than $2,000 in assets; Spouse who resides in community can keep up to $157,920 (this does not include the home, a vehicle, or other non-countable assets).

How Can an Elder Law Attorney Help?

Having a loved one who is going through health issues and being placed in a nursing home can be very emotional for the family. We can help your loved one sort through the issues, determine the goals they want to accomplish, and understand the options that are available to your loved one, whether it be Medicaid, VA benefits, or some other option. We can also help with the filing of the Medicaid application – this should not be rushed into and sometimes, planning needs to be done before the application can be filed.

Are There Any Assets I Can Keep if I go Into a Nursing Home?

One of the great things about living in Florida is that Florida has a homestead exemption from creditors – you can keep your house, whether you are single or married, and still get Medicaid benefits. However, you should be aware that the new laws have changed the value of the homestead exemption – where it used to be unlimited, for 2025 it is now $730,000. Also, you can keep one automobile of any value.