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Elder Law Attorney for Hialeah, Florida

Your Hialeah parent is aging. The right plan protects them and you.

Nursing-home Medicaid, protecting the home, and the incapacity documents that avoid guardianship, handled remotely for Miami-Dade County families.

  • Nursing-home Medicaid: protect the home, qualify the right way
  • Durable POA, health-care surrogate, and living will that avoid guardianship
  • For the adult child stepping in: handled by phone and video
Book a free 30-minute consult Incapacity plans from $350 · Medicaid quoted at consult

Quick Overview

For Hialeah families, elder law is three jobs: paying for nursing-home care through Medicaid without losing the house, keeping the homestead out of estate recovery, and signing the documents (from $350 per person) that avoid a guardianship. We do it all remotely. The pieces, and which your parent needs, are below.

Topics to Know HideShow

Below, we walk through the 4 issues that decide whether this is the right move for you. Jump to any one:

  1. Elder Law in Hialeah: the Local Picture Hialeah has the families elder law is built for: aging parents who want to stay in control, and adult children helping, often from another state. We handle it remotely.
  2. Long-Term Care and Medicaid Skilled nursing runs several thousand dollars a month, and Medicare does not cover long-term care. Giving assets away to qualify usually backfires under the five-year look-back.
  3. Protecting the Home The homestead is generally exempt for Medicaid eligibility, but estate recovery can reach it after death. A lady bird deed keeps the home out of probate and beyond recovery.
  4. Avoiding a Guardianship If a parent loses capacity with no plan, the only route is a slow, public, costly court guardianship. A small set of documents signed while they are competent blocks it.

That’s the quick version. The details below are what decide your situation, and where the costly mistakes hide.

Elder Law in Hialeah: the Local Picture

Hialeah is one of Florida’s largest cities and overwhelmingly Hispanic, with a large population of older immigrants and tight-knit multigenerational households. A large, multigenerational community where protecting the family home, wills, and powers of attorney for aging parents are the central concerns, and where homestead protection carries real weight.

Hialeah has the families elder law is built for: aging parents who want to stay in control, protect the home, and pay for care without losing everything, and adult children trying to help, often from another state. We handle all of it remotely.

Long-Term Care and Medicaid

Skilled nursing in Florida commonly runs several thousand dollars a month and up, and Medicare doesn’t cover long-term custodial care. Nursing-home Medicaid can, but giving assets away to “qualify” usually backfires under the five-year look-back. There are legitimate ways to protect the home and savings, whether you’re planning ahead or already in a crisis. See Medicaid planning → · check eligibility →

Protecting the Home

The homestead is the family’s biggest asset and is generally exempt for Medicaid eligibility. The real risk is estate recovery after death. A lady bird deed keeps the home out of probate and beyond recovery while your parent keeps full control. See how the home is protected →

Avoiding a Guardianship

If a parent loses capacity with no plan, the family’s only route is a court guardianship, which is slow, public, and expensive. A durable power of attorney, a health-care surrogate, a living will, and a HIPAA authorization, signed while your parent is competent, are the documents that block it. See the full elder-law guide →

Helping a Hialeah parent from anywhere.

A free 30-minute consult maps the care, the home, and the documents, by phone or video.

Book your free consult

Communities We Serve

We work with families across Miami-Dade County, including Hialeah Gardens, Miami Lakes, Westland, Palm Springs North, Country Club, Miami Springs, and beyond. Any deed in your plan records with the Miami-Dade Clerk of the Court and Comptroller. We are a Miami firm serving Hialeah remotely; this is not a Hialeah office.

Local Senior Resources in Hialeah

You don’t have to do this alone, and not all of it is legal. For care navigation, Miami-Dade County’s Area Agency on Aging is Alliance for Aging, the Aging and Disability Resource Center for Miami-Dade. It runs Florida’s Elder Helpline (1-800-96-ELDER) and free SHINE Medicare counseling, your first call for a Medicaid screening, caregiver support, and local senior services. We handle the legal side, the Medicaid-qualifying plan, the deed, the powers of attorney, and coordinate with those resources so nothing falls through the cracks.

Frequently Asked Questions

Do you have an office in Hialeah?

No. StepUp Law is a Miami firm that serves Hialeah and Miami-Dade County families remotely, by phone and video. That works well for adult children handling a Florida parent’s Medicaid, deed, or incapacity plan from out of state.

Will Medicaid take my parent’s Hialeah-area home?

The Florida homestead is generally protected for Medicaid eligibility, so it is not sold to qualify. The real risk is estate recovery after death, which runs against the probate estate. A lady bird deed keeps the home out of probate and beyond recovery.

What documents keep my parent out of guardianship?

A durable power of attorney, a designation of health-care surrogate, a living will, and a HIPAA authorization, signed while your parent is clearly competent. Florida courts must consider these less-restrictive alternatives before appointing a guardian.

Updated June 7, 2026. Reviewed by Kevin D. Klagge, Esq., Fla. Bar No. 99502. Attorney Kevin Klagge represents families, businesses, and international clients in estate planning and international law, with a focus on Florida legal tools. He litigates estate and business issues in court. General information about Florida law, not legal advice, and no attorney-client relationship is created. We serve Hialeah and Miami-Dade County residents remotely. Medicaid figures change annually and eligibility turns on your specific facts.

Get a plan in place for your Hialeah parent

Book a free 30-minute consult. We’ll map the care, the home, and the documents, and quote a flat fee.

Book your free consult Miami-Dade County probate