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Emma Hemness Esq.

Hemness Faller Elder Law

Emma Hemness Esq.

Hemness Faller Elder Law

Emma Hemness Esq.

Hemness Faller Elder Law

Emma Hemness is the founder of the Law Office of Emma Hemness P.A. dba Hemness Faller Elder Law.  She is a Florida Bar Board Certified Elder Law Attorney since 2004.  Ms. Hemness is also a Certified Elder Law Attorney (CELA) by the National Elder Law Foundation since 2005.  Emma is accredited by the Veterans Administration since 2008.  She is Past Chair of the Florida Bar Elder Law Section and Past President of the Academy of Florida Elder Law Attorneys.  Ms. Hemness is a Board Member of the Area Agency on Aging, Senior Connection Center; and is a past Board Member of the Florida Gulf Coast Alzheimers Association.  She was named to the Top 50 Women Lawyers in Florida list, Top 100 Attorneys in Florida list, and Top 50 Tampa Bay Attorneys list by SuperLawyer Magazine in 2017.  Ms. Hemness frequently lectures at continuing legal education events for the Florida Bar and for NBI on topics involving Medicaid and Medicaid planning for long term care asset protection.

Firm Description

At Hemness Faller Elder Law (formerly Emma Hemness P.A.), we limit ourselves to the practice of Elder Law. Elder Law is a unique area of legal practice which is defined by the type of clients we serve: the elderly and persons with disabilities.

Elder Law is a complex area of law combining the different elements of estate planning with health care planning. Estate planning often involves the preparation of legal instruments such as Wills, Trusts, Durable Powers of Attorney and Advance Directives. Upon demise, estate administrations such as Probate or Trust administrations may be necessary to transfer assets from one generation to the next.

Health care planning deals with the challenges confronted by older adults with the primary objective of getting quality care and paying for such care without total and complete financial impoverishment. Within Elder Law, opportunities for asset protection while qualifying for programs of government assistance such as Medicaid, Medicare, Social Security, and Veterans Benefits, are thoroughly analyzed.

In addition, incapacity brought on by disease or the natural processes of aging often requires Guardianship which is a major practice area within Elder Law.

Many of the same laws affecting older adults are of special relevance to persons with disabilities, whether they are children, young adults or seniors. Advising families about the intricacies of SSI and Medicaid programs for persons with disabilities is a key area of practice in Elder Law. Families with special needs members are also counseled on appropriate legal documents and processes, such as Special Needs Trusts and Guardian Advocacy, respectively.

Please call 813-661-LAWS to see how we may be able to assist you.

Hours

Day From To
Monday 8:30 AM 4:30 PM
Tuesday 8:30 AM 4:30 PM
Wednesday 8:30 AM 4:30 PM
Thursday 8:30 AM 4:30 PM
Friday 8:30 AM 12:00 PM

Cost

What Is an Elder Law Attorney?

Main Office

309 N Parsons Avenue
Brandon, FL 33510

On the web

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Medicaid 101
What Medicaid Covers

In addition to nursing home care, Medicaid may cover home care and some care in an assisted living facility. Coverage in your state may depend on waivers of federal rules.

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How to Qualify for Medicaid

To be eligible for Medicaid long-term care, recipients must have limited incomes and no more than $2,000 (in most states). Special rules apply for the home and other assets.

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Medicaid’s Protections for Spouses

Spouses of Medicaid nursing home residents have special protections to keep them from becoming impoverished.

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What Medicaid Covers

In addition to nursing home care, Medicaid may cover home care and some care in an assisted living facility. Coverage in your state may depend on waivers of federal rules.

READ MORE
How to Qualify for Medicaid

To be eligible for Medicaid long-term care, recipients must have limited incomes and no more than $2,000 (in most states). Special rules apply for the home and other assets.

READ MORE
Medicaid’s Protections for Spouses

Spouses of Medicaid nursing home residents have special protections to keep them from becoming impoverished.

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Medicaid Planning Strategies

Careful planning for potentially devastating long-term care costs can help protect your estate, whether for your spouse or for your children.

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Estate Recovery: Can Medicaid Take My House After I’m Gone?

If steps aren't taken to protect the Medicaid recipient's house from the state’s attempts to recover benefits paid, the house may need to be sold.

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Help Qualifying and Paying for Medicaid, Or Avoiding Nursing Home Care

There are ways to handle excess income or assets and still qualify for Medicaid long-term care, and programs that deliver care at home rather than in a nursing home.

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Are Adult Children Responsible for Their Parents’ Care?

Most states have laws on the books making adult children responsible if their parents can't afford to take care of themselves.

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Applying for Medicaid

Applying for Medicaid is a highly technical and complex process, and bad advice can actually make it more difficult to qualify for benefits.

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Alternatives to Medicaid

Medicare's coverage of nursing home care is quite limited. For those who can afford it and who can qualify for coverage, long-term care insurance is the best alternative to Medicaid.

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ElderLaw 101
Estate Planning

Distinguish the key concepts in estate planning, including the will, the trust, probate, the power of attorney, and how to avoid estate taxes.

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Grandchildren

Learn about grandparents’ visitation rights and how to avoid tax and public benefit issues when making gifts to grandchildren.

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Guardianship/Conservatorship

Understand when and how a court appoints a guardian or conservator for an adult who becomes incapacitated, and how to avoid guardianship.

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Health Care Decisions

We need to plan for the possibility that we will become unable to make our own medical decisions. This may take the form of a health care proxy, a medical directive, a living will, or a combination of these.

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Estate Planning

Distinguish the key concepts in estate planning, including the will, the trust, probate, the power of attorney, and how to avoid estate taxes.

READ MORE
Grandchildren

Learn about grandparents’ visitation rights and how to avoid tax and public benefit issues when making gifts to grandchildren.

READ MORE
Guardianship/Conservatorship

Understand when and how a court appoints a guardian or conservator for an adult who becomes incapacitated, and how to avoid guardianship.

READ MORE
Health Care Decisions

We need to plan for the possibility that we will become unable to make our own medical decisions. This may take the form of a health care proxy, a medical directive, a living will, or a combination of these.

READ MORE
Long-Term Care Insurance

Understand the ins and outs of insurance to cover the high cost of nursing home care, including when to buy it, how much to buy, and which spouse should get the coverage.

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Medicare

Learn who qualifies for Medicare, what the program covers, all about Medicare Advantage, and how to supplement Medicare’s coverage.

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Retirement Planning

We explain the five phases of retirement planning, the difference between a 401(k) and an IRA, types of investments, asset diversification, the required minimum distribution rules, and more.

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Senior Living

Find out how to choose a nursing home or assisted living facility, when to fight a discharge, the rights of nursing home residents, all about reverse mortgages, and more.

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Social Security

Get a solid grounding in Social Security, including who is eligible, how to apply, spousal benefits, the taxation of benefits, how work affects payments, and SSDI and SSI.

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Special Needs Planning

Learn how a special needs trust can preserve assets for a person with disabilities without jeopardizing Medicaid and SSI, and how to plan for when caregivers are gone.

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Veterans Benefits

Explore benefits for older veterans, including the VA’s disability pension benefit, aid and attendance, and long-term care coverage for veterans and surviving spouses.

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