Authors
Pages
- About Us
- Are guardianships for minor children different from guardianship for older persons?
- Are the eligibility rules for community based Medicaid services the same as for nursing home?
- Are the rules for Medicaid different in each state?
- Are there advantages to a power of attorney over a guardianship?
- Are there any income limitations to receive VA Aid and Attendance?
- Blog
- Can a widow of a veteran receive VA Aid and Attendance?
- Can a will be challenged if it was not signed properly?
- Can a will be challenged if the maker was suffering from dementia or Alzheimers?
- Can a will be changed or revoked?
- Can I challenge changes made to a will by handwritten notes on the original?
- Can I change my trust after it is established?
- Can I lose my inheritance if I challenge a will?
- Can I name more than one person as agent?
- Can trustees get help administering trusts?
- Contact Us
- Danielle Faller, Esquire
- Do All Attorneys Practice Elder Law?
- Do children have to pay for a parent to be in a nursing home?
- Do I have to be wealthy to set up a trust?
- Do I have to give anyone a copy of my will?
- Do I need a will if I own almost nothing?
- Do I need an attorney to make my will?
- Do I need to appoint the same person as my agent in my health care power of attorney as power of attorney?
- Do I Need to Come to Court in Florida for Probate?
- Does an agent have any responsibility to use his or her own money to support me?
- Does everybody have to worry about estate taxes?
- Does the person over whom guardianship is sought have to know that a petition for guardianship?
- Emma R. Hemness, Esquire
- Events
- Home
- How can an estate plan prevent a guardianship proceeding?
- How can I avoid being impoverished by the high cost of nursing home care?
- How do I go about getting services to come into my home and have Medicaid pay for them?
- How does trust administration differ from probate?
- How is a guardian appointed?
- How long does guardianship last?
- How much income can I make and qualify for Medicaid?
- How much will it cost to challenge a will in Florida?
- If a guardianship petition is filed, who has to know about it?
- If I give someone power of attorney, do I forfeit my own rights to make decisions?
- If I have all my estate planning and long term care documents from another state, do I have to have them redone in Florida?
- In Medicaid, what is a countable asset?
- In Medicaid, what is a non-countable asset?
- Is a spouse required to use all of his or her money to pay for the nursing home costs?
- Is asset protection only for the wealthy?
- Is it expensive to create a revocable living trust?
- Law Firm Accessibility Statement
- Must third parties honor a power of attorney?
- My father is not able to handle his own financial matters and is doing odd things what can I do?
- My father’s agent under his power of attorney has cleared out his bank accounts what can I do?
- My sister is trying to keep me away from my mother what can I do?
- Once I have signed a durable power of attorney, can I change my mind?
- Our Practice
- Exploitation Of The Elderly
- Incapacity & Guardianship
- Life Care Planning
- Medicaid Asset Protection
- Medicaid Qualification
- Special Needs Planning
- Trust Administration
- Using Irrevocable Trusts
- Veteran Benefits
- Veterans Benefits Asset Protection
- Your Estate Planning Attorney in Brandon, Florida
- Advance Directives
- Discretionary “Spendthrift” Trusts
- Durable Power of Attorney
- Enhanced Life Estate Deeds
- Estate Tax Shelter Trusts
- Irrevocable Trusts
- Last Will & Testament
- Pet Care Trusts
- Protection from Future Spouses
- Qualifying Special Needs Trusts
- Special Needs Trusts for Persons with Disabilities
- When there are no legal documents
- Your Probate Lawyer in Brandon, Florida
- Privacy Policy Statement
- Sample Page
- Should a trustee of a supplemental needs trust consult with an attorney to administer the trust?
- Should beneficiaries also have lawyers?
- Should I add my family members name on my assets and avoid a will?
- Sitemap
- Terms and Conditions
- Testimonials
- What are letters of guardianship?
- What are the common mistakes in Medicaid asset protection planning?
- What are the military service requirements to receive VA Aid and Attendance?
- What Does an Elder Law Attorney Do?
- What Does and Elder Law Attorney Do?
- What does it mean to fund a trust?
- What does spend down mean?
- What happens if you do not have a will or trust?
- What happens if you do not have a will or trust?
- What if a veteran has too many assets to qualify for VA Aid and Attendance?
- What if I do not want to go to a nursing home? Are there ways to get services brought into the home?
- What if I think that the guardian is doing something wrong?
- What if someone filed a petition to appoint a guardian for me and I do not want a guardian appointed?
- What income is available to a spouse that is not in need of Medicaid for long term care benefits?
- What is a Board Certified Elder Law Attorney?
- What is a durable power of attorney?
- What is a first party special needs trust?
- What is a guardianship?
- What is a health care proxy?
- What is a living will?
- What is a professional guardian?
- What is a revocable living trust?
- What is a special needs trust?
- What is a Super Lawyer?
- What is a third party special needs trust?
- What is a will contest?
- What is a will?
- What is an irrevocable trust?
- What is Elder Law?
- What is estate planning?
- What is Medicaid?
- What is probate?
- What is the ABLE Act?
- What is the Aid and Attendance Benefit Program?
- What is the difference between a guardian of the person and a guardian of the property?
- What is the Look Back Period?
- What is the maximum monthly benefit a veteran can receive under VA Aid and Attendance?
- What obligations and rights does a guardian have?
- What special planning should I do for my special needs child?
- What type of attorneys can assist me with qualifying for VA Aid and Attendance?
- When does a guardian advocate need to be represented by an attorney?
- When is a guardianship necessary?
- When is a guardianship necessary?
- Who administers trusts?
- Who can terminate a guardianship?
- Who keeps track of what the guardian is doing?
- Who needs estate planning?
- Why Choose Us
- Why is it important to plan for same sex partners and domestic partners?
- Why should I consider creating a revocable living trust?
- Why should I have a will?
- Why should I have a will?
- Why should I use an elder law attorney to help me apply for Medicaid benefits?
- Why should I use an elder law attorney to help me apply for Medicaid benefits?
- Why should I use an elder law attorney to help me apply for Medicaid benefits?
- Will having a power of attorney and health care proxy in place prevent the need for a guardianship?
- Will I still have control over my property if I have a revocable living trust?
- Will Medicare Pay for My Nursing Home Costs?
- Will the government or state take my house if I go into a nursing home?
- Will the power of attorney expire?
- Would a revocable living trust provide protection for my assets?
Posts
accolades
- Attorney Emma Hemness is Recognized as a Top-Rated Attorney by Avvo
- Emma Hemness has been named to the 2022 Florida Super Lawyer Top 50 Women List
- Advocacy Update: Emma Hemness Named to Special Needs Alliance 2021 – 2022 Board of Directors
- Congratulations, Danielle, on Being Named a Super Lawyer for 2021
- Congratulations Emma on Your Inclusion in the Top 50 Florida Women Super Lawyers List
blog
- Know How To Navigate Your Estate Plan Properly This Tax Season!
- Expressing Love for Your Family Through Your Estate Plan
- This Valentine’s Day, Consider a Loving Legacy as a Gift
- What to know about Paying for Your Aging Parents’ Nursing Home Costs
- Tips and Key Ideas for Updating Your Estate Plan In the New Year
- 6 Signs to Watch Out For When Visiting Relatives During the Holidays
- The End of the Year Long-Term Planning Checklist for Florida Seniors
- 6 Ways to Help Florida Family Caregivers During National Family Caregivers Month
- The 3 Most Important Tips You Need for Florida Medicaid Planning
- Tips for Special Needs Planning Success When Planning for a Child with Down Syndrome
- Important Discussions to Have with Aging Parents Before it is Too Late
- How to Prevent the Devastating Costs that Come from when a Florida Senior Falls
- How Do You Choose the Right Fiduciary for a Loved One with Special Needs?
- How To Best Provide For A Family Member With a Dementia Diagnosis
- How to Best Care For a Loved One with Dementia
- Important Questions to Ask Long-Term Care Facilities
- During World Elder Abuse Awareness Month Know the Warning Signs Of Elder Abuse
- Five Tips to Help Out-of-Town Aging Parents During National Elder Law Month
- Three Tips to Protect the Life Savings of Your Parents from a Nursing Home
- Why Do We Celebrate National Autism Acceptance Month?
- Planning to Help Aging Loved Ones with Parkinson’s Disease
- What Happens If You Do Not Have a Florida Estate Plan?
- Florida Seniors Need to Consider Planning for Medicaid Earlier in Life
- 5 Warning Signs Your Parent May Have Memory Loss
- Ideas and Ways to Ensure Tampa Seniors are Safe from Sweetheart Scams
- Key Reasons Why Long-Term Care Planning Must Be a New Years Resolution
- Important Questions to Consider When You Create or Update Your Estate Plan in the New Year
- Evaluating the Danger of Making Holiday Gifts When It Comes to Florida Medicaid Planning
- The End of the Year Florida Estate Planning Checklist You Need
- Don’t Forget to Care for Family Caregivers During National Family Caregivers Month
- Three Tips for Planning for a Loved One with a Disabling Condition
- Why Comprehensive Special Needs Planning is Critical for You and Your Family
- Estate Planning Essentials For LGBTQ+ Families
- Why a Prenuptial Agreement Does Not Matter to Medicaid Planning
- Three Ways You Can Help Keep The Disabled And Elderly Safe In Florida
- VA Announces Great News for Early Vietnam Veterans (and Their Survivors) Affected by Agent Orange
- Don’t Forget About Fido!
- Are You Personally Liable for Acting as a Power of Attorney?
- Revocable Living Trusts and the Asset Protection Myth
- Can a Veteran receive both VA Aid & Attendance Benefits AND Medicaid?
- Getting the Most Child Support for Your Child with Special Needs
- What Shall I Do If I Received A Stimulus Payment to My Deceased Spouse?
- 3 Reasons for Tampa Bay Seniors to Re-Evaluate an Estate Plan
- How Tampa Bay Seniors Can Make the Decision to Leave Their Homes in 2020
- Tampa Bay Residents Need to Be On The Lookout for Senior Scams This Valentine’s Day
- Estate Planning Tips for Tampa Bay Baby Boomers in 2020
- Important Considerations You Need to Know About Social Security in 2020
- Older Drivers Face Elevated Safety Risks, Here’s What to Do About Them
- ‘Cyber Monday’ Safety Tips That Aging Seniors Might Not Know
- Do Family Caregivers Lack Legal Rights?
- How Baby Boomers Can Benefit From Estate Planning This Estate Planning Awareness Week
- Will Your Child Need a Guardian Advocate?
- Should An Attorney Support Me With Guardian Advocacy?
- What You Need to Know About the ABLE Act
- Over 10 Years as a Super Lawyer! Congratulate Emma Hemness with Us!
- What is Guardian Advocacy in Florida?
- 10 Ways Florida Seniors with Health Concerns Can Prepare for Hurricane Season
- 4 Key Questions for Parents Considering Guardian Advocacy
- 4 Critical Tools for Children to Help Aging Parents Avoid Harm This National World Elder Abuse Awareness Day
- LEGAL-EASE: May is Elder Law Month
- Legal-EASE Taxes on Your Home: To Sell or Not Sell
- Legal-EASE: What’s the Difference between a Revocable and Irrevocable Trust?
- Legal-EASE: 5 Mistakes You Can Make in Florida Probate
- What is Probate?
- 5 Technologies to Help Seniors Stay Safe on the Road
- With Sweetheart Scams on the Rise, How Should Florida Seniors Protect Themselves?
- 3 Apps You Can Share with Your Senior Loved Ones to Help Them Feel Connected
- How Adult Children Can Plan for Rising Long-Term Care Costs in the New Year
- Signs Your Aging Parents May Need More Help During the Holidays
- Ideas for Talking to Your Kids About Estate Planning During the Holidays
- 5 Ways to Say Thank You to a Caregiver This Holiday Season
- How to Plan for the Loss of a Spouse
- Nursing Home Bedsores are Avoidable, and May Be Caused by Neglect
- Tips for Seniors to be Prepared for After a Hurricane Passes
- Alzheimer’s Disease is Much More than Just Forgetfulness
- Florida Elders Do Not Have to Rely on Abusive Caregivers
- Be An Advocate In Protecting Elders from Scams in National Elder Law Month
Capital Gains Taxes
Center for Medicare and Medicaid Services
Child Protection
Death Tax
Disabilities & Special Needs
Elder Abuse & Exploitation
Elder Abuse Awareness Day
Elder Law
Estate Planning
Estate Tax
Florida Seniors
Guardian Advocacy
Guardianship
Homecare Guide
Law
Lawyers
Living Tursts
Low Income Seniors
Medicaid Home & Community
Medicaid Nursing Home
Medicare
- What is Medicare Part A and Is It Free?
- Let the Discussions Begin! Doctors get paid to discuss end-of-life care
Muhammad Ali
News
Pet Trusts
Power of Attorney
Probate and Trust Administration
Reverse Mortgages
Scams
Senior Scams
Social Security Retirement
Special Needs Trusts
SSI
Uncategorized
- Ways Tampa Bay Residents and Their Caregivers Can Stay Safe From the Coronavirus
- Legal-EASE: Veterans Burial Benefits Made Easier
VA Regulations
- Are You Caring For A Veteran At Home? You May Be Eligible to Receive Over $1000 Per Month
- Harsh New VA Regulations’ Effective Date