THIS WEEK: Free Online Workshops on Estate Planning and Medicaid Planning. REGISTER NOW
THIS WEEK: Free Online Workshops on Estate Planning and Medicaid Planning. REGISTER NOW

Florida Estate Planning, Probate & Medicaid Planning Lawyers

With offices in Aventura, Boca Raton and Plantation, our elder law attorneys can help you protect your children, assets and legacy and plan for long-term care.

Elder Law Attorneys With Offices Throughout South Florida.

Virtual Appointments Available As Well.

Before we talk about us, let’s talk about you.

You may be here because you are worried about Medicaid eligibility or paying for long-term care. Perhaps you have a special needs child whom you want to ensure is cared for and adequately protected if and when you are unable to care for them any longer yourself OR you know you need an estate plan, but are not quite sure how to get started and decide which is the best strategy for protecting your children and your assets after you’re gone.

No matter what has brought you here today, the experienced attorneys at Elder Needs Law, PLLC can help you identify the best strategy specifically for your particular situation. ENL’s founding partner, Jason Neufeld, Esq. is a top-rated estate planning attorney, and a highly-recognized and respected Florida Medicaid attorney. Jason regularly teaches other attorneys the nuances of proper Medicaid and Estate Planning, to ensure our Florida seniors get the best advice, counsel AND care possible.


We Can Help You

Medicaid eligibility assessment

  • Understanding income and asset limits for Medicaid
  • Navigating state-specific Medicaid requirements
  • Assessing countable and exempt assets
  • Determining eligibility for specific Medicaid programs

Medicaid preservation strategies

  • Utilizing trusts for Medicaid planning
  • Converting countable assets to exempt assets
  • Gifting assets within Medicaid guidelines
  • Planning for the Medicaid look-back period

Income and resource planning

  • Income trusts and Qualified Income Trusts (QITs)
  • Strategies for reducing countable income
  • Understanding the treatment of resources in Medicaid planning
  • Spousal impoverishment protection and asset transfers

Medicaid trusts

  • Establishing irrevocable Medicaid trusts
  • Choosing appropriate assets to fund the trust
  • Selecting trustees and understanding their duties
  • Monitoring the trust and adhering to Medicaid regulations

Medicaid spend-down planning

  • Identifying allowable spend-down expenses
  • Prepaying funeral and burial expenses
  • Using excess income for medical expenses
  • Navigating spend-down rules and avoiding penalties

Wills and trusts

  • Drafting and updating wills
  • Establishing revocable and irrevocable trusts
  • Testamentary trusts and special needs trusts
  • Trust administration and management

Beneficiary designations

  • Naming beneficiaries for life insurance policies
  • Designating retirement account beneficiaries
  • Updating beneficiary information after life events
  • Contingent beneficiaries and per stirpes designations

Power of attorney

  • Durable power of attorney for financial matters
  • Limited or special power of attorney
  • Springing power of attorney
  • Choosing the right agent and understanding their responsibilities

Advanced healthcare directives

  • Living wills and end-of-life care preferences
  • Healthcare power of attorney
  • Do Not Resuscitate (DNR) orders
  • Organ donation and anatomical gifts

Tax planning and strategies

  • Estate and gift tax exemptions
  • Generation-skipping transfer tax planning
  • Charitable giving and tax deductions
  • Strategies for minimizing tax liability and maximizing wealth transfer

Probate process and court proceedings

  • Understanding the probate process timeline
  • Navigating probate court requirements and procedures
  • Simplified probate procedures for small estates
  • Avoiding probate through estate planning tools

Executor responsibilities and duties

  • Appointment and qualifications of an executor
  • Estate inventory and asset identification
  • Managing estate debts and expenses
  • Executor compensation and potential liabilities

Creditor claims and estate debts

  • Notification of creditors and publication requirements
  • Reviewing and prioritizing creditor claims
  • Settling valid claims and disputing invalid claims
  • Handling insolvent estates and priority of payments

Estate and inheritance taxes

  • Filing estate tax returns and paying taxes owed
  • Understanding state-specific inheritance tax laws
  • Tax deductions and exemptions for estates
  • Strategies for minimizing tax liability

Distribution of assets to beneficiaries

  • Interpreting will provisions and trust agreements
  • Resolving disputes among beneficiaries
  • Managing assets during the probate process
  • Final accounting and closing the estate

Special needs trusts

  • Establishing first-party special needs trusts
  • Setting up third-party special needs trusts
  • Pooled special needs trusts
  • Trust administration and management

Government benefits eligibility

  • Supplemental Security Income (SSI) planning
  • Social Security Disability Insurance (SSDI) planning
  • Medicaid benefits for special needs individuals
  • Understanding eligibility criteria and application processes

Guardianship and alternatives

  • Legal guardianship for special needs adults
  • Supported decision-making agreements
  • Power of attorney and healthcare directives
  • Conservatorship for financial management

Education and transition planning

  • Individualized Education Program (IEP) planning and advocacy
  • Section 504 plans for accommodations in schools
  • Transitioning from school to adulthood: Vocational and life skills training
  • Post-secondary education options and financial assistance

Housing and residential support

  • Accessible and inclusive housing options
  • Group home and assisted living considerations
  • Home modifications for safety and independence
  • Community resources and support networks

Long-term care insurance

  • Evaluating the need for long-term care insurance
  • Understanding policy options and coverage levels
  • Comparing insurance providers and premiums
  • Incorporating long-term care insurance into your estate plan

Government benefits for long-term care

  • Medicare coverage for skilled nursing and home health care
  • Medicaid planning and eligibility for long-term care services
  • Veterans' benefits for long-term care, including Aid and Attendance
  • Navigating application processes and maximizing benefits

Housing options and care settings

  • In-home care services and considerations
  • Assisted living facilities: Services, costs, and selection criteria
  • Nursing homes and skilled nursing facilities: What to expect
  • Continuing care retirement communities (CCRCs) and their unique features

Legal documents and advance directives

  • Durable power of attorney for health care and financial matters
  • Living wills and end-of-life care preferences
  • HIPAA authorizations for access to medical information
  • Do Not Resuscitate (DNR) orders and Physician Orders for Life-Sustaining Treatment (POLST)

Family caregiving and support

  • Assessing the role of family caregivers in long-term care planning
  • Balancing caregiving responsibilities with personal and professional commitments
  • Navigating the emotional challenges of long-term care decisions
  • Accessing resources and support networks for caregivers

Initiating the estate administration process

  • Probate court proceedings and documentation
  • Appointment of the executor or personal representative
  • Obtaining letters testamentary or letters of administration
  • Notifying beneficiaries and relevant parties

Estate inventory and asset management

  • Identifying, locating, and valuing estate assets
  • Safeguarding and managing assets during administration
  • Addressing jointly-owned assets and beneficiary designations
  • Liquidating assets, if necessary, to cover estate expenses

Handling debts, taxes, and expenses

  • Notifying creditors and processing claims against the estate
  • Settling valid debts and disputing invalid claims
  • Preparing and filing estate tax returns
  • Paying administrative expenses and executor compensation

Distribution of assets to beneficiaries

  • Interpreting will provisions and trust agreements
  • Resolving disputes among beneficiaries
  • Transferring assets and distributing bequests
  • Preparing and providing accounting to beneficiaries

Closing the estate

  • Ensuring all debts, taxes, and expenses have been paid
  • Filing final accounting with the probate court
  • Obtaining court approval for estate distributions
  • Releasing executor from their duties and discharging the estate

Guardianship for minor children

  • Naming a guardian in your will
  • Factors to consider when choosing a guardian
  • Guardianship nomination process and court approval
  • Responsibilities of the guardian toward minor children

Guardianship for special needs individuals

  • Assessing the need for guardianship in estate planning
  • Establishing a guardianship as part of a special needs trust
  • Coordinating guardianship with government benefits and support services
  • Balancing independence and protection for special needs beneficiaries

Guardianship and conservatorship for incapacitated adults

  • Determining the need for a guardian or conservator
  • Petitioning the court for appointment of a guardian or conservator
  • Understanding the rights and responsibilities of a guardian or conservator
  • Monitoring the well-being and financial management of the protected person

Alternatives to guardianship in estate planning

  • Durable power of attorney for financial matters
  • Healthcare power of attorney and advanced healthcare directives
  • Supported decision-making agreements
  • Joint bank accounts and other financial management tools

Ending or modifying a guardianship

  • Periodic review and reporting to the court
  • Petitioning the court for termination or modification of guardianship
  • Successor guardians and temporary guardians
  • Guardianship disputes and resolution

What People Say About Us

"Jason and his team are responsive and communicate very well. Jason helped me to get the benefits that I qualified for much faster than expected. I would recommend him highly. My case seemed complicated to me, but Jason explained everything in detail and made everything go quite smoothly. I interviewed several elderlaw attorneys prior to choosing Jason Neufeld."

"Quick turn around time for appointments, great response time, very thorough, never rushed through and soooo easy to do business with over the internet! Read the website info, very very helpful!"

“The attorney Jason and his team are amazing at planning and execution. Me and my family would not trust anyone else with our estate planning needs.”

“I've been very impressed! A friend referred me and I've experienced nothing but perfect service and professionalism. I am extremely grateful!”

“A strong recommendation for Jason Neufeld and his Elder Law firm - very professional, patient, reliable, and experienced. When my father fell terminally ill, I became responsible for his assets and finances overnight, including the daunting task to qualify him for Medicaid. I interviewed several elder law firms but was most impressed by Jason’s client approach and practices. Throughout the process, Jason and his team provided clear guidance and support to successfully complete all the new and complex tasks required as a POA, and more importantly he enabled us to quickly achieve our goals related to Medicaid and estate planning. His fees are more than reasonable for the level of due diligence and support we received.”


Join Our Webinars

estate planning webinar

WEBINAR - Florida Estate Planning: How to Save Your Family From Probate Court & Pass On Your Legacy Peacefully

medicaid webinar

WEBINAR - Medicaid
Planning 2024

medicaid webinar

WEBINAR - Medicaid Planning 2023 (RECORDED): How to Pay for Long-Term Care WITHOUT Liquidating Your Life Savings

download free guide

Things You Should Know

As an experienced Elder Law Attorney, we know firsthand how overwhelming planning for the future can be. We are here to help provide all of the information you need to make informed decisions and be prepared for whatever the future may hold.

Basic Florida Estate Planning
Concepts in Plain English

Estate Planning is a broad term and includes many different documents and strategies that one may need to adequately plan for their future. In order to help you navigate the complicated and often confusing terminology, we have put together a guide going over each individual concept of estate planning.


What is Medicaid Planning and
Common Medicaid Asset

Medicaid planning is a core part of any long-term care plan. Since Medicaid has various asset and income limits, however, navigating the qualifying factors can be confusing. We have put together a guide to help equip you with all of the information you may need to make an informed decision about your future.

Jason Neufeld is the author of the

Florida Medicaid
Planning Book

How to Get Medicaid to Pay for Some or All of Your Long-Term Care Expenses:Without having to wait 5 years | without having to sell your house | without have to go broke first! (a Florida Medicaid Lawyer's Guide For Non-Lawyers)

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Frequently Asked Questions

How do I choose an elder law attorney?
Hiring an elder law attorney is a big decision - it is important to work with someone who has extensive experience, and that you can trust to always have your best interests at heart. Some questions you should ask an elder law attorney before making your decision are:
  • Do you have experience with Medicaid planning?
  • How long have you been practicing elder law?
  • Are you able to provide estate planning services as well?
  • When was the last time you handled a situation like mine?
Should I hire an elder law attorney?
When dealing with Medicaid planning, estate planning, or any other aspect of elder law, there is a lot at stake. These are all highly specialized areas of law and mistakes can cause devastating effects. Hiring an elder law attorney to handle these scenarios will always be in your best interest, as they have specific experience that most other attorneys do not have.
What is the difference between elder law and estate planning?
The truth is, elder law and estate planning overlap in many ways. Both deal with management of your assets and making preparations for your future. The main difference is that elder law focuses more on planning for the use of your income and assets while you are alive, and estate planning focuses more on what will happen to your assets when you pass.
What is Medicaid estate planning?
Medicaid planning is a crucial part of long-term care planning. Since most people over the age of 65 will need long-term care at some point, and the cost of this care is a lot more than most people are prepared for, Medicaid planning can help manage these costs.
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Serving Elder Law Clients in the Following Areas

Miami, North Miami Beach, North Miami, Miami Beach, Miami Gardens, Aventura, South Miami, Kendall

Hallandale Beach, Miramar, Hollywood, Dania Beach,
Ft. Lauderdale, Plantation, Davie, Pembroke Pines

Deerfield Beach, Boca Raton, Delray Beach, Boynton Beach.
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