Skip to content
StepUpLaw logo StepUpLaw

Elder Law Attorney for Miami, Florida

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

Nursing-home Medicaid, protecting the home, and the incapacity documents that avoid guardianship, for Miami-Dade County families, wherever you are.

  • Nursing-home Medicaid, protecting the home and qualifying 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 No-Cost Phone Consult Flat fee from $350 for the incapacity documents, from $3,500 for a Medicaid application, from $6,000 for a Medicaid asset protection trust. See pricing

Quick Overview

For Miami families, elder law comes down to 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 wherever you are. 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 Miami: the Local Picture Miami 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 by phone and video, wherever you are.
  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 Miami: the Local Picture

Miami’s planning demand is driven less by age than by high-value real estate, a large international and snowbird population, and cross-border families. High-value waterfront and condo wealth plus a large international and snowbird base make Florida homestead protection and domicile (§222.17) the point of the plan.

With a median age around 40, Miami 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 wherever you are.

Families here search for this under different names, whether a geriatric attorney, a senior care lawyer, an elder care planning attorney, or simply an attorney for the elderly, and it is all the same work, protecting an aging parent’s home, savings, and right to decide for themselves.

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. The medical ones are what Florida law calls advance directives, and this whole step is the part of elder law people call incapacity planning. If you have been searching for a guardianship lawyer in Miami-Dade County, start with the comparison, because most families need the document a parent can still sign, not a court case. Guardianship vs. power of attorney → · See the full elder-law guide →

Helping a Miami parent from anywhere.

A No-Cost Phone Consult maps the care, the home, and the documents, by phone or video.

Book a no-cost consult

Handling a Parent’s Home and Papers in Miami

Miami-Dade County has 451,377 homesteads, and the Save Our Homes cap holds the average one $294,035 below its market value in 2026. 44,231 Miami-Dade County parcels belong to an owner with a mailing address in another state, and 6,351 more to an owner abroad. An owner who lives elsewhere is the one a lady bird deed helps most, because a Florida house otherwise needs a second probate here. The Miami-Dade County court opened 5,828 new probate cases in the 2024 to 2025 court year. A house that passes by lady bird deed stays out of that count.

Street map of Miami around Office of County Recorder, Osvaldo N. Soto Miami-Dade Justice Center, with numbered markers for the places named below
  1. 1Office of County Recorder, Osvaldo N. Soto Miami-Dade Justice Center, 20 NW 1st Avenue, Miami, Florida 33128. Directions
  2. 2Judicial Research, 17 NW Miami Court, Miami, FL 33128. Directions
  3. 3The UPS Store, 153 E Flagler St, Miami, FL 33131. Directions
  4. 4Macondo Coffee Roasters, 240 N. Miami Ave., Miami, FL 33128. Directions
  5. 5Tacos El Porky, 16 W Flagler Street, Miami, FL 33130. Directions
  6. 6City National Bank of Florida, 25 W Flagler St, Miami, FL 33130. Directions
  7. 7USPS Flagler post office, 500 NW 2nd Ave, Miami, FL 33101. Directions
  8. 8Lummus Park, 404 NW 3rd Street, Miami 33128. Directions
  9. 9Bayfront Park, 301 Biscayne Blvd, Miami, FL 33132. Directions
  10. 10Miami-Dade Cultural Parking Garage, 50 NW 2nd Ave., Miami, FL 33128. Directions
  11. 11Garage #5 (Hickman), 270 NW 2nd St, Miami, FL 33128. Directions
  12. 12West Lot Garage, 220 NW 3rd St, Miami, FL 33128. Directions
  13. 13Freedom Tower, 600 Biscayne Boulevard, Miami, FL 33132. Directions
  14. 14Property Appraiser of Miami-Dade County, Stephen P. Clark Center, 111 NW 1st Street, Suite 710, Miami, FL 33128. Directions
  15. 15Tax Collector, Downtown Miami driver license office, 200 NW 2nd Ave, Miami, FL 33128. Directions
  16. 16Veteran Services Program, Joseph Caleb Center, 5400 NW 22nd Avenue, 3rd Floor, Miami, FL 33142 (a drive, not on the map). Directions
  17. 17Florida Department of Health in Miami-Dade, Health District Center, 1350 NW 14th Street, Miami, FL 33125 (a drive, not on the map). Directions
Who records your deed in Miami-Dade, and how we record it

In Miami-Dade, deeds are recorded by the Office of County Recorder, run by the Clerk of the Court and Comptroller, Juan Fernandez-Barquin. The Recorder is on the fifth floor of the Osvaldo N. Soto Miami-Dade Justice Center, 20 NW 1st Avenue, the same building as the probate counter one floor up. The counter is open weekdays from 9 a.m. to 4 p.m., and the Recorder’s phone is 786-463-0566. Recording is no longer at the Stephen P. Clark Center, so older instructions that send you there are out of date.

You will not need to go downtown. We record your deed electronically through Simplifile, which is on the Clerk’s own list of approved e-recording services. The Clerk reviews each e-recorded document before it becomes public, which usually takes 1 to 3 business days. The posted recording fee is $10 for the first page and $8.50 for each additional page, so a two-page deed costs $18.50 to record.

After it records: find it, print it, and watch it

We send you the recorded deed as soon as the Clerk returns it. The deed also appears in the Clerk’s official records search, where you can look it up by your name. Print it at home for the file drawer, or have it printed downtown. Judicial Research is across from the courthouse at 17 NW Miami Court, about 3 minutes on foot, and handles document printing and copies. The UPS Store in the Alfred I. Dupont Building, 153 East Flagler Street, prints too and is about 8 minutes on foot.

If a bank or title company asks for a certified copy, the County Recorder charges $1 a page plus $2 to certify.

Then take two minutes to sign up for the Clerk’s free Property Fraud Alert. You register your folio number, and the Clerk emails you within 24 hours whenever a deed is recorded against it. The alert is the simplest early warning there is against someone recording a false deed on your house. If one ever appears, the Clerk’s property fraud page posts fill-in forms for a quiet title complaint over a forged deed, and we can take it from there.

Signing near the courthouse, or from anywhere

A Florida deed needs two witnesses and a notary. We set up the signing for you by video, or you can sign in person downtown. Judicial Research at 17 NW Miami Court, about 3 minutes on foot from the Justice Center, offers real estate notary and signing services weekdays from 9 a.m. to 5 p.m., by appointment at 305-379-3900. The UPS Store at 153 East Flagler Street has a commissioned notary, lists deeds among the documents it notarizes, and is open weekdays from 8:30 a.m. to 7 p.m. and weekends from 10 a.m. to 3 p.m.

If you are early, Macondo Coffee Roasters is about 7 minutes on foot at 240 North Miami Avenue and opens at 8 a.m. on weekdays, and the courthouse has its own Break Thyme Cafe on the fourth floor. For lunch after, Tacos El Porky is about 5 minutes on foot at 16 West Flagler Street and opens at 11:30 a.m.

If you are recording a deed yourself, the Clerk posts a checklist. The deed must be the original, with the addresses of the grantor and grantee, two witnesses whose printed names and post office addresses appear under their signatures, a full notary acknowledgment and a “prepared by” statement. The Clerk also asks for a Property Transfer form, encourages the folio number, and wants a self-addressed stamped envelope for the return. When we draft it, those are handled.

The bank, the mail, and a walk before the drive home

City National Bank of Florida has a full-service branch about 3 minutes on foot from the Justice Center at 25 West Flagler Street, if you bank there. The Flagler post office at 500 NW 2nd Avenue is about 11 minutes on foot, with the retail counter open weekdays from 8 a.m. to 5 p.m. and Saturdays from 9 a.m. to 1:30 p.m., which helps when an original has to go out by certified mail.

When you are done, Lummus Park at 404 NW 3rd Street, one of the city’s historic parks, is about 11 minutes on foot and open daily from 8 a.m. to 9 p.m., and Bayfront Park on Biscayne Bay is about 15 minutes on foot to the east if you want to sit by the water for a while.

Getting to the Justice Center, by car or by train

If you are going downtown in person, the circuit calls street and off-street parking at the Justice Center limited and recommends taking Metrorail to Government Center station. Metrorail runs from 5 a.m. to midnight every day, and the county posts the fare at $2.25, paid at the fare gate by contactless card or with an EASY Card or the GO Miami-Dade Transit app. Metrorail parking lots charge $4.50 a day.

If you drive, the Clerk lists three county garages for the Justice Center. The Miami-Dade Cultural Parking Garage at 50 NW 2nd Avenue is about 4 minutes on foot and the only one open on weekends, from 5:30 a.m. to 11 p.m. on weekdays and 5:30 a.m. to 8 p.m. on Saturdays, Sundays and county holidays. Garage 5, the Hickman garage at 270 NW 2nd Street, is about 6 minutes on foot and takes hourly parking weekdays from 5:30 a.m. to 12:30 a.m. The West Lot Garage at 220 NW 3rd Street is about 7 minutes on foot and open weekdays from 6 a.m. to 11 p.m. The Clerk does not post the hourly rates, so bring a card.

The tower on Biscayne Boulevard

If you have an hour after the courthouse, walk east to the Freedom Tower at 600 Biscayne Boulevard, about 17 minutes on foot. The National Park Service tells its story. The building opened on July 26, 1925 as a newspaper headquarters modeled on the Giralda tower of the Cathedral of Seville, and from 1962 to 1974 it housed the federal Cuban Assistance Center, where refugees who had arrived with nothing received identification cards, medical care and help starting over. Cubans called it “El Refugio.” The tower has been a National Historic Landmark since 2008, and the Park Service notes that admission to the exhibition space on the second floor is free.

Your homestead exemption in Miami-Dade

Homestead is handled by the Property Appraiser of Miami-Dade County, Tomás Regalado, whose main office is in Suite 710 of the Stephen P. Clark Center, 111 NW 1st Street, a block north of the Justice Center and about 3 minutes on foot. The office is open weekdays from 8 a.m. to 5 p.m., and the residential exemptions line is 305-375-4712. You can apply through the Property Appraiser’s online exemptions portal, and the application and documents are due by March 1.

Questions about a recorded deed or a change of ownership go to the deed line at 305-375-4064 or to [email protected], which is also the address for updating where your tax bill is mailed.

The Property Appraiser does not mail the usual January renewal receipt after an ownership change such as a warranty deed or quitclaim deed. Its homestead page adds that when the previous owner and homestead applicant still owns and lives in the home after the change, the exemptions renew. A lady bird deed leaves you as owner and resident, and renewed exemptions show on the Notice of Proposed Property Taxes mailed by the end of August, so check that notice the first summer after we record your deed.

If you are a veteran with a disability rating

A disabled veteran may qualify for more than the basic homestead exemption, and the proof is a letter from the U.S. Department of Veterans Affairs. The Miami-Dade Property Appraiser lists a $5,000 reduction in assessed value for an honorably discharged veteran with a service-connected disability of at least 10 percent, and an exemption from all property taxes on the homestead for an honorably discharged veteran with a service-connected total and permanent disability. Veterans 65 and older with a combat-related disability have a separate application, form DR-501DV. Each exemption carries over to an un-remarried surviving spouse who holds title and homestead, and each application with its VA letter is due by March 1.

Miami-Dade County’s Veteran Services Program helps veterans and their families apply for VA benefits at no cost, and it asks you to bring proof of military service. The office closest to downtown is at the Joseph Caleb Center, 5400 NW 22nd Avenue, on the third floor, open Tuesdays and Thursdays from 8 a.m. to 5 p.m., at 305-756-2830. The program also keeps a desk at the South Dade Government Center in Cutler Bay, Suite 205, open weekdays from 8 a.m. to 5 p.m., at 305-252-5810.

If your name has changed since you bought the home

Marriage or divorce often leaves a home titled in a name you no longer use. We write the new deed with both names, the name on your old deed and your name today, so the record connects them and a future title search does not stall on the difference.

Your driver license should match as well. The Florida Department of Highway Safety and Motor Vehicles requires every name change on a license to be made in person, and only after the Social Security Administration has updated your name, allowing 24 to 48 hours after that. In Miami-Dade the driver license offices are now run by the Tax Collector, Dariel Fernandez, and one of them is downtown at 200 NW 2nd Avenue, about 8 minutes on foot from the Justice Center. The office is open weekdays from 8 a.m. to 5 p.m. and Saturdays from 8 a.m. to 1 p.m., at 305-375-5448, and the Tax Collector says its offices take both appointments and walk-ins during those hours. Book only through mdctaxcollector.gov, because the Tax Collector has warned that unofficial appointment websites are issuing invalid confirmations.

When the time comes: what your family does, without probate

After you die, the house is already your family’s. To show that in the record, they record a certified copy of your death certificate and an affidavit, and then a title company can insure a sale. The Florida Department of Health in Miami-Dade issues death certificates without an appointment, weekdays from 8 a.m. to 4 p.m., at the Health District Center, 1350 NW 14th Street, where the vital records line is 305-575-5030. The office charges $20 for the first certificate and $16 for each additional copy, and asks for a copy of a valid ID with every request. We prepare and record the rest.

Local details checked September 29, 2026 on the offices' and businesses' own sites and Google Maps. Places are listed for convenience, not as a recommendation; call ahead, since hours change. Map data © OpenStreetMap contributors. County figures from the Florida Department of Revenue 2026 property roll and Data Book and the Florida courts' FY 2024 to 2025 Statistical Reference Guide. Sources: Miami-Dade Clerk, Official Records · Miami-Dade Clerk, Soto Justice Center · Miami-Dade Clerk, Property Fraud Alert · Property Appraiser of Miami-Dade County · Property Appraiser contacts · Florida Department of Health in Miami-Dade · Judicial Research · The UPS Store, 153 E Flagler St · Miami-Dade Clerk, Where to Park · Eleventh Judicial Circuit, Soto Justice Center · Miami-Dade Metrorail schedules and fares · National Park Service, Freedom Tower · City of Miami, Lummus Park · Macondo Coffee Roasters locations · Tacos El Porky · Property Appraiser, 10 percent disabled veteran · Property Appraiser, totally and permanently disabled veteran · Property Appraiser, veterans 65 and older with a combat-related disability · Miami-Dade County Veteran Services Program · FLHSMV name and address changes · FLHSMV Miami-Dade office locations · Miami-Dade Tax Collector, driver license services (archived July 25, 2026) · Miami-Dade Tax Collector · OpenStreetMap walking routes (FOSSGIS foot router)

Communities We Serve

We work with families across Miami-Dade County, including Brickell, Coconut Grove, Coral Gables, Key Biscayne, Pinecrest, Coral Way, Edgewater, and beyond. Any deed in your plan records with the Miami-Dade Clerk of the Court and Comptroller. We are a Miami firm serving Miami wherever you are; this is not a Miami office.

Local Senior Resources in Miami

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 Miami?

No. StepUpLaw is a Miami firm that serves Miami and Miami-Dade County families 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 Miami-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 September 29, 2026. Reviewed by Kevin D. Klagge, Esq., Fla. Bar No. 99502. Attorney Kevin Klagge represents families, businesses, and international clients in estate and tax planning, business structuring, 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 Miami and Miami-Dade County residents wherever they are. Medicaid figures change annually and eligibility turns on your specific facts.

Get a plan in place for your Miami parent

Book a No-Cost Phone Consult with Attorney Kevin D. Klagge, Esq. We’ll map the care, the home, and the documents, and quote a flat fee.