10175 Six Mile Cypress Parkway Suite 4, Fort Myers, Florida

Elder Law
Frequently Asked Questions

Life takes all sorts of twists and turns and you can’t predict all the situations in which you’ll find yourself. It can be especially difficult to know exactly how to handle some of the challenging issues that arise as you age. You do have somewhere to turn. Our firm is skilled at providing legal assistance to older adults as well as people of all ages who are preparing for the future.0

239-208-3040

What is an Elder Law Attorney?

We help clients with their estate plans. This can include preparing documents such as trust, wills, durable powers of attorney, healthcare surrogates, living wills, and pre-need guardians.

We also help clients with issues surrounding disability, incapacity (guardianship) and long-term care. Each client’s situation is unique. One client may have long-term care insurance or savings to pay for assistance, while the next needs help from Medicaid or the VA. Finally, elder law attorneys also help families after a loved one dies.

Why choose an Elder Law Attorney?

First, we get it, our area of practice doesn’t make everyone want to race to our office for help. We’ve heard the comments, “An elder law attorney is for old people and I’m not old!” “Just because I’m retiring soon doesn’t mean I’m elderly.” We agree, but refer you back to the above question. Focus on what it is that an elder law attorney actually does, not the name. Doesn’t it make sense to do your planning with someone who knows about the issues you may face in the future? We think the answer to that question is yes.

Why do I need an attorney at all?

We get this question frequently. Whether you want help with estate planning or public benefits, there’s likely a do-it-yourself article somewhere on the internet. There’s also a flood of forms you can find online and plenty of companies that specialize in do-it-yourself kits. Let us point out that there are also instructions online about how to take out your own appendix. Do you think that’s a good idea if you can avoid it?

The bottom line is that some of the most costly cases we handle come from dealing with the effects of people who engage in legal self-help

How do I prepare for a consultation with an Elder Law Attorney?

Do your homework!
The best way to make the most of a consultation is to be prepared.

Preparing For Your Appointment

Our Practice Areas

We stand ready to deliver creative and tailor-made solutions and provide exceptionally high-quality advice in all major practice areas.

Guardianship

When a family member is unable to care for himself and has no estate planning documents, or refuses to cooperate with the person appointed in their estate planning documents, guardianship may be necessary.

Estate Planning

We believe in taking the time to talk with each client about their reason for coming to see us. Learning a client’s wishes, assets, and studying how each asset is titled, prepares us to provide the best estate planning options.

Nursing Home Medicaid

Long-term care in a nursing home can exceed $100,000 per year. For individuals who do not have sufficient private resources or long-term care insurance to pay for this care, Medicaid can be a significant financial resource.

Medicaid Planning & Asset Protection

Each state has specific programs and rules that differ from their neighbors. This makes it important to speak to a local elder law attorney who knows Florida Medicaid law if you have questions about benefits for yourself or a loved one.

Probate & Trust Administration

A probate attorney assists the personal representative with accounting for all probate assets, valuing the probate estate and paying off any debts before distributing what is left of the probate estate among the beneficiaries or heirs.

Veterans Benefits

Pension, Housebound, and Aid and Attendance benefits can help pay the long-term care costs of a veteran or their surviving spouse who is struggling financially. The analysis starts with determining whether a veteran or spouse is eligible for pension benefits through the Veterans Administration (VA).

Client's Testimonials

We strive to be approachable and reachable and maintain communication with our clients. We value clients and works relentlessly to achieve excellent results.

“Britton Swank and her office provided excellent service, demonstrating professionalism and personal attention to all details in helping my parents with their wills/trusts and the execution of them after their sudden death. Britton’s attitude to the work, her compassion and her in-depth knowledge is impressive. Not only was she there for my parents but also for myself and my siblings during the difficult time after their passing. Requests were handled in a quick, efficient manner. The transition was spot on! We couldn’t have asked for a better attorney!”

Mary B.

Lehigh Acres, FL

“It is with great confidence that I can personally recommend Britton Swank for your estate planning needs. Her personal commitment to my family in securing my quality of life while living and the transfer of my estate to my son upon my passing has been very comforting to everyone concerned. I would highly recommend her to others as you plan for today, tomorrow, and your legacy.”

Pam A.

Fort Myers, FL

“Once I met with Britton Swank, a huge burden was lifted. She and her assistant not only walked me through the process, they were always available. I knew I was never alone and that gave me great comfort. Ms. Swank even met me at the bank on a Saturday morning when the branch manager was refusing me access to the safety deposit box even though I had all the court orders giving me full access.”

Dorothy M.

Lehigh Acres, FL