Elder Law Guidance for Professionals Who Serve Older Floridians

Basis step-up, Miller trust reporting, IRAs and Medicaid, and why a gift that is fine for Form 709 can still cause a Medicaid penalty.

How Florida Medicaid views accounts, annuities and retirement funds, and the client conversations that suggest a plan is needed.

Florida powers of attorney, joint accounts, Miller trust accounts and the warning signs of financial exploitation.

Care plans, the SMMC LTC waitlist, spouses at home, and where legal planning fits around a change in care.

Private-pay to Medicaid transitions, applications in progress, Miller trust deposits and authority to sign.

Capacity, health care surrogates and living wills, and why early planning matters after a diagnosis like dementia.

When rehab coverage ends, who can sign, and what a family needs for a nursing home Medicaid application.

What to listen for when a congregant is caring for a parent or spouse, and how to point a family toward planning without giving legal advice.

Long-term care policies, life insurance cash values and annuities, and how Florida Medicaid may view them.

When private-pay home care is running low, the SMMC LTC waitlist, and who has authority to sign for a client.

• Medicare-covered rehab is ending, or a hospital or facility is planning a discharge.
• One spouse needs care and the other will stay at home.
• Gross monthly income looks close to or over Florida's long-term care cap of $2,982 in 2026 (DCF Appendix A-9).
• Assets were recently gifted, retitled or added to a joint account with a child.
• The power of attorney is old, missing, or may not include the specific powers Florida requires for gifts and trusts (Fla. Stat. 709.2202).
• A client is showing memory changes but can still discuss wishes and sign documents.
• A private-pay resident's savings are expected to run out within a year.
• There are signs of possible financial exploitation. Suspected abuse or exploitation of a vulnerable adult can be reported to the Florida Abuse Hotline at 1-800-962-2873.

Get the family's consent first. For health information, that usually means the patient's written authorization (45 C.F.R. 164.508). Then the most useful starting points are:

• the client's name and main contact person
• the current care setting and the next likely one
• how urgent things are, such as a discharge date
• a rough picture of income and assets
• any existing estate planning documents
• copies of letters from DCF, a facility or an insurer

Exact figures aren't needed for a first call. The family can call (561) 733-4242 directly, or you can make the introduction.

The person you refer, or their legal representative, is the client. Brandon's duties of confidentiality and loyalty run to them. With the client's informed consent, he can coordinate with you on the timing of a plan, the documents a step requires, and how a recommendation might affect investments, accounts, taxes or a care plan (Rule 4-1.6). Without that consent, he may not be able to share details, even with the professional who made the introduction. Your own professional duties to the client stay with you.

Solkoff Legal, P.A. does not pay referral fees or give anything of value for a recommendation. Florida Bar rules don't allow a lawyer to give anything of value to a person for recommending the lawyer's services (Rule 4-7.17(b)). A family is always free to choose its own lawyer, and a referral never obligates anyone to hire this office.

Since 2020, Brandon has presented continuing legal education programs nationally on Medicaid planning, special needs trusts, personal services contracts and VA pension planning. He also speaks to professional groups in Palm Beach County, including CPA and financial planning groups, care manager and case management teams, senior living staff and hospital discharge teams. Topics can include Florida Medicaid basics, the look-back period, Miller trusts, Florida powers of attorney and the warning signs that a family needs a plan. Programs are educational and don't market to your clients. Whether a program qualifies for continuing education credit in your profession depends on the approval process of the sponsoring organization.

To ask about a program, call Solkoff Legal, P.A. at (561) 733-4242.