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Elder Law

Effective elder law planning can assist with obtaining long term care financial assistance when complete independent living is no longer an option.

Elder Law

The aging process presents challenges to families with parents or loved ones who are suffering from physical and mental decline. No longer able to take care of themselves without assistance, many families are at a loss in terms of knowing what to do, what are the legal methods available to protect their elderly parents, and what actions can be taken in their current situation. This is where elder law can be applied to provide guidance to the children of elderly parents.

elder law

What is Elder Law?

Put simply, elder law applies to the changes that occur during the aging process. For parents who were once active and outgoing, sudden changes in their physical or mental state can suddenly make them dependent on more assistance. Elder law provides for guidance to families whose parents need the following.

Nursing Home or Assisted Living Care

Skilled Nursing for Long-Term Care

Care Provided at Home

Medicare, Medicaid, and Elder Law Planning

Guardianship, Power of Attorney, and More

Although there are many complications to the elder law process, it can be divided into two basic categories. Pre-planning, and sudden changes.


This aspect of elder law occurs before the need arises for additional care. This is when elderly parents and their children can agree on a course of action in case something changes in the future. For example, granting the power of attorney if the time comes that the elderly parent can no longer manage their finances, or they need additional care.

By planning for such changes, this brings peace of mind to both the parents and their children. A smooth transition that can be planned for well in advance.

Sudden Changes

Of course, not every family can anticipate all the issues that the aging process brings along. An active, healthy senior may suffer an unexpected downturn or be involved in an accident that suddenly changes their lives for the worse.

There are actions that can be taken when the unexpected occur. Establishing guardianship is the legal method to overseeing the financial state of the elderly parents when pre-arrangements have not been made. Other actions can be taken as well to ensure that protections are put into place depending on the situation. This may include the following.

Placing the person in a nursing home or assisted living center

Selling their home or property if needed

Providing for at-home care

Applying for Medicaid, Medicare, or other type of government program

The goal of elder law is to provide guidance and peace of mind to families who suddenly face the consequences of aging parents who need more assistance. By providing a legal structure, individuals can make decisions that abide by the law while providing care for their aging parents or relatives.

If you have a parent or loved one who is facing physical or mental decline, then contact John Tallarido, P.A. today. He will listen to your situation, explain how elder law works in your situation, and work with you to ensure the best for you, your family, and those in need of elder care.

John A Tallarido P.A. is licensed to practice law in the state of Florida and has clients throughout the state. Mr Tallarido regularly hosts seminars on Elder Law in Orlando, West Palm Beach, Port St Lucie, Vero Beach, Fort Pierce, and Stuart FL. If you are located in Orange county, Palm Beach County, Indian River County, Martin County, Okeechobee County, or St Lucie County and need assistance with long term planning or estate planning, please contact our office to schedule a consultation.