Family Law

• Guardianship
  Mark Clements has been a Florida Supreme Court certified mediator for county and circuit civil matters since 1999. He specializes in probate, trusts, wills and guardianship dispute resolution.

Health Law

• Social Security Disability
  Another federally created savings plan that might be considered is the use of an Achieving Better Life Experience (ABLE) account. ABLE accounts allow individuals who qualify to receive Social Security Disability (SSDI) or Supplemental Security Income (SSI) benefits to save additional funds to be put toward certain qualified expenses, with little or no effect on SSD, SSI, or Medicaid eligibility. The statutes and regulations controlling ABLE accounts are particularly complex, so be sure to consult a Certified Elder Law Attorney if you believe that the intended recipient of your gift may qualify for such an account.
• Medicaid Planning
  Placing a loved one in a long-term care facility is a stressful time for families. Medicaid benefits are designed to help pay nursing home costs through the Institutional Care Program (ICP). Benefits may also be available to help with the costs of assisted living or care at home through the Medicaid Home and Community Based Services program (HCBS).

Trusts and Estates

• Estate Planning
  We are unique in that we know how to balance traditional estate planning with long-term care planning.  We know what works and what does not.
• Wills
  Living Wills are a written expression of your wishes regarding what type of medical treatment you would want in the event of your terminal illness or permanent unconsciousness.  You can state in advance whether you would want life-sustaining treatment, such as assisted mechanical breathing with a ventilator and artificial feeding and hydration.
• Trusts
  We are experienced in the processes of both probate and trust administration. Whether your loved one left a will, or a living trust, or no testamentary document, there are steps that need to be taken to wind up their affairs after death. We can advise you on whether it is necessary to administer the estate in probate court. Even when formal administration is not required, action may be needed to re-title assets, notify creditors, pay last expenses, and file tax returns.
• Power of Attorney
  A Power of Attorney is often a misunderstood document. It is a legal document in which you appoint one or more persons as your agent with the power to transact financial matters on your behalf. Under Florida law, the Power of Attorney is effective when it is executed, thus giving your agent the immediate ability to act for you. However, it does not take away or diminish any right you have to act on your own as long as you are competent to do so.
• Probate
  Probate litigation is a highly specialized branch of the probate practice, and only a small number of probate lawyers venture into this arena. Probate attorneys have specialized knowledge of probate law, but they rarely have extensive knowledge and experience in trial procedure. The lack of trial knowledge and experience makes many probate attorneys reluctant to venture into contested matters. Attorneys well versed in both probate law and trial procedure are rare. We have successfully handled guardianship litigation in defending persons alleged to be incapacitated and also will contests and cases involving trust administration.

Finance Law

• Tax Law
  Tax issues are another consideration when considering a gift. As of the publishing of this post in December 2022, federal tax law provides that you may gift up to $16,000.00 in cash or assets to any individual person or entity without needing to file a gift tax return. Gift tax returns (IRS Form 709) must be filed to inform the IRS of gifts.