Elder Care Attorney Florida, Medicaid Asset Protection Trust

Elder Law Attorney – Florida

As an elder law attorney in Florida, Walser & Herman Law Firm has been assisting Florida seniors with life and estate planning for more than 30 years, with a team of lawyers who can help you plan for your future health and life needs.

Find an Elder Care and Medicaid Attorney: Florida Long-Term Care Services

As you grow older, you may need assistance with activities of daily living or round-the-clock medical care, but even a short stay in a nursing home can quickly deplete your life’s savings. You can avoid this devastating loss by planning ahead. Having a plan can bring you peace-of-mind that you have the resources to support the living arrangements of your choice without placing a financial strain on your family.

Unfortunately, the costs of living in a nursing home or assisted care facility or of hiring home-care aids are astronomical. Work with a qualified elder care attorney in Boca Raton or Palm Beach and plan for this eventuality in advance so that you know you have the means to acquire the quality care you need.

REQUEST FREE CONSULT

Long Term Needs

Long Term Care Planning
Life Care Planning
Medicaid Planning for Florida

Tools for Long-Term Planning

Our attorneys discuss various tools that may be helpful in your long-term plan. Depending on your individual circumstances, you may be able to pay for your care through:

Health insurance

Your health insurance policy may cover some of the services provided by a facility or home nursing visits. Review the terms of your health insurance policy carefully. A little extra cost of premiums may be worth the additional coverage.

Long-term care insurance policy

While you are still young and healthy, consider purchasing a long-term care insurance policy that covers nursing home, assisted living or home health care services. Our lawyers can advise you on what provisions to look for in a comprehensive long-term care insurance plan.

Medicare

This government insurance program pays for skilled nursing care in a licensed facility. Unfortunately, coverage caps out after a certain number of days and requires you to pay out of pocket should you require longer-term nursing home care.

Trusts

To preserve your financial security and eligibility for Medicaid, you can transfer your assets to a trust. The property owned by the trust does not count against your income and resources when determining Medicaid eligibility. You can therefore keep the fruits of a lifetime of hard work.

Medicaid

You may qualify for Long-Term Care Medicaid if your financial resources and income are below the statutory threshold. Walser & Herman Law Firm considers how your long-term financial planning can affect your access to this important government benefit.

Effective Jan 1st, 2022, a Medicaid applicant’s gross monthly income may not exceed $2,523.00 (up from $2,382.00). Applicants are unable to have more than $2,000 of countable assets, however the total value of assets that may be owned by an applicant’s well spouse has increased. The community spouse resource allowance cap is now up to $137,400 of countable assets (up from $130,380).

Special needs trust

A special needs trust pays for items and services that are not food and housing without jeopardizing eligibility for Medicaid. If you plan to leave a gift to a spouse, child or other relative with a disability, our attorneys create a special needs trust and advise you about the parameters for the use of the funds.

Your Elder Care Attorney in Florida, Let Us Help You Navigate Your Long-Term Care Options

Walser & Herman Law Firm gives you the information and tools you need to effectively plan for nursing homes, assisted living, and in-home nursing care you may need in the future. Call us at (561) 750-1040 or email our team to schedule a consultation at our Boca Raton main office or our Palm Beach office location.

Our Boca Raton Elder Law Attorneys
Can Help You Plan for Your Future

Walser & Herman Law Firm gives you the information and tools you need to effectively plan for nursing home, assisted living and in-home nursing care you may need in the future. Call us at 561.750.1040 or email our team to schedule a consultation at our Boca Raton main office or our Palm Beach office location.

E-Mail Us

Call us (561) 750-1040

Our Team

Our experienced team of attorneys is here to help you navigate your estate plan and the Florida probate process.

Thomas C. Walser, JD, LLM

Partner/Attorney

View BIO

Thomas C. Walser, JD, LLM

Partner/Attorney

Originating from Minnesota, Thomas C. Walser received his Bachelors of Science (B.S.) in Accounting from the Mankato State University, Minnesota in 1972. He obtained a Juris Doctor (J.D.) from the University of Minnesota Law School in 1976. Thomas C. Walser, as founder of the Walser & Herman Law Firm has committed himself and his career to the field of trust and estates, exemplified by attaining an LLM or graduate law degree in the area of estate planning from the University of Miami School of Law, Heckerling Institute, graduating in 1983. The Heckerling Institute on Estate Planning is often regarded as one of the most prestigious and renowned programs specializing in the area of trust and estates.

Mr. Walser is a former CPA who has practiced tax law for over 35 years. He began his professional career as a tax accountant in 1975, serving in the tax department of Touché Ross & Co., one of the big eight accounting firms in Minneapolis, Minnesota. In 1979 he was employed in the legal department of United Air Lines, Chicago, Illinois. While at United Air Lines, he provided legal, tax and pension services to United Air Lines and its parent holding company, UAL, Inc. In 1977 he accepted a position as International Tax Attorney in the International Tax Department of McDermott, Inc., where he traveled extensively to the Middle East, India, Mexico and Europe, dealing with area management, foreign advisors, and foreign tax authorities.

Mr. Walser has been in private practice in Florida since 1983. His law practice includes the areas of wills, trusts, probate and estate planning. His tax practice includes individual, corporation and partnership income taxation, estate tax planning and the preparation of all applicable income tax returns.

Christa W. Herman, Esq.

Partner/Attorney

View BIO

Christa W. Herman, Esq.

Partner/Attorney

Christa W. Herman was born in Atlanta, Georgia and raised in Canton, Georgia. She received her undergraduate degree from Berry College located in Rome, Georgia, in 2008, where she graduated with a Bachelor’s of Science (B.S.) in Finance along with a minor in music.

Mrs. Herman relocated to Ft. Lauderdale, Florida in 2009 to attend Nova Southeastern University, Shepard Broad Law Center, where she obtained her juris doctorate (JD) in 2012. Mrs. Herman was admitted to practice law in Florida in July 2012.

Prior to attending law school, Mrs. Herman worked as an Intern with Sellers & Warren, P.A., Attorneys at Law-Real Estate Closing Attorneys in Woodstock, Georgia, and as a Legal Administrative Assistant at The Mason Law Firm, LLC, Counselors At Law-Trial Attorneys and Mediators in Canton, Georgia. In 2011, Mrs. Herman joined The Law Office of Mitchell I. Kitroser, P.A. in Palm Beach Gardens, Florida as a Law Clerk, and continued to work there as an Associate Attorney until May 2013. Mrs. Herman started working with the Walser & Herman Law Firm in May 2013 as an Associate Attorney. She practices in a variety of law fields, including Estate Planning, Special Needs Planning, Medicaid Planning, Guardianship, and Probate and Trust Administration.

Mrs. Herman is a member of the Buddy Walk Committee for the Gold Coast Down Syndrome Organization located in Boynton Beach, FL, and a volunteer with the Els for Autism Foundation located in Jupiter, FL. In addition to her parents, Mrs. Herman has a younger brother, with Down Syndrome, and a younger sister. Growing up in a supportive and diverse family environment has greatly influenced Mrs. Herman’s involvement with special needs individuals. She is passionate about providing legal services in a timely, caring, and professional manner in order to meet the needs of today’s families. Mrs. Herman lives in Jupiter, FL with her loving husband and fellow attorney, Michael Herman, Jr.

Jay L. Kauffman, Esq.

Of Counsel

View BIO

Jay L. Kauffman, Esq.

Of Counsel

Jay Kauffman represents individuals and families in prosecuting and defending claims regarding estates, trusts and guardianships, including disputes over: the validity and construction of testamentary documents and advanced directives; the modification or reformation of estate plans; the inclusion or exclusion of assets in estates or trusts; the validity of purported gifts; the mental capacity of alleged incapacitated persons; the existence and sufficiency of lesser restrictive alternatives to guardianship; the appointment of guardians; breaches of fiduciary duty in the administration of estates, trusts and guardianships; and tortious interference with expectancies.

Mr. Kauffman also represents fiduciaries in the efficient administration of estates, trusts and guardianships. Mr. Kauffman has represented clients primarily in Florida’s Palm Beach and Broward Counties in such matters for more almost 20 years. Prior to that, he wrote and negotiated contracts for a telecommunications company and litigated commercial cases.

Mr. Kauffman is a graduate of Rutgers College, Rutgers University (B.A. with Honors in Economics,1993) and The University of Texas School of Law (J.D., 1996). He has been admitted to the Florida Bar since 1996.

Mr. Kauffman co-authored the following published legal authorities:

Chapter 4, Rights of the Surviving Family, Litigation Under Florida Probate Code, 5th edition (2005), 6th edition (2007) and 7th edition (2009);

Chapter 14 Appellate Practice In Probate, Litigation Under Florida Probate Code, 5th edition (2005), 6th edition (2007) and 7th edition (2009);

Chapter 3, Jurisdiction, Practice Under Florida Probate Code, 4th edition (2006), 5th edition (2008), 6th edition (2010) ), 7th edition (2012), 8th edition (2014), 9th edition (2016), and 10th edition (2018);

Mr. Kauffman has also co-authored several Florida Bar Journal Articles regarding estate litigation.

Mr. Kauffman is currently a member of the Real Property, Probate and Trust Law (RPPTL), Elder Law, and Trial Law sections of the Florida Bar. He lives in Boynton Beach with his wife and two daughters.