Elder Law

Board Certified Elder Law Attorney in Fort Lauderdale

When a parent or vulnerable adult can no longer manage their own affairs, you need more than generic advice. At Ginsberg Shulman, both attorneys are board certified — one in Elder Law, one in Wills, Trusts and Estates — and both know how these cases actually work in Broward, Miami and Palm Beach courts.

We help families with:

• Guardianship of incapacitated adults and minors
• Guardianship of adults when involved in a personal injury settlement
• Emergency temporary guardianship when harm is happening now
• Advance directives and incapacity planning to avoid guardianship
• Stopping financial exploitation and isolation of vulnerable adults

What Does an Elder Law Attorney Do?

Elder law covers the legal issues that arise when someone ages, becomes ill, or loses the ability to manage their own affairs. At Ginsberg Shulman, our elder law practice is led by Jill Ginsberg, who is Board Certified in Elder Law by the Florida Bar — one of a small number of attorneys in Florida to hold that credential. Board certification requires demonstrated competence, peer review, and a rigorous examination. It is not a marketing claim.

The situations that bring families to us are rarely simple. A parent with advancing dementia and no advance directives. A vulnerable adult being isolated and financially exploited by someone they trusted. A family member who needs a guardian but has no one willing or able to serve. We handle these matters every day, and we know what the process actually looks like.

Advance Directives and Incapacity Planning

Why Advance Directives Matter

A durable power of attorney and a designation of health care surrogate are the documents that keep a guardianship from becoming necessary. They allow you to name someone to manage your finances and make medical decisions if you lose capacity. Without them, no one — not your spouse, not your adult children — has legal authority to act on your behalf. The bank won’t take calls. The hospital won’t share information. Everything stops until a court intervenes.

These documents need to be properly drafted and executed under Florida law. A form downloaded from the internet is not the same as a document prepared by a board-certified attorney who understands how these instruments work in practice and what happens when they are challenged.

When Advance Directives Are Not Enough

Even with proper documents in place, problems arise. The agent named in a power of attorney may be unavailable, unwilling, or actively harming the person they were appointed to protect. In those situations, a guardianship may be the only available remedy.

We see this regularly: an aging parent named a child as their agent twenty years ago, that child is now the problem, and the rest of the family has no legal standing to intervene without court involvement. Florida law provides a path forward in these situations, but it requires an attorney who knows the guardianship process and how to move quickly when the circumstances demand it.

Guardianship of Incapacitated Adults

When a person can no longer manage their own affairs and no adequate legal documents exist, Florida law allows a court to declare that person incapacitated and appoint a guardian to act on their behalf. Guardianship is a serious legal proceeding — it removes a person’s legal rights — and Florida courts require substantial evidence before granting it.

Jill Ginsberg handles both contested and uncontested guardianships in the 17th Judicial Circuit (Broward County), the 15th Judicial Circuit (Palm Beach County), and the 11th Judicial Circuit (Miami-Dade County). Uncontested matters move more efficiently, but contested guardianships — where the alleged incapacitated person objects, or family members disagree about who should serve as guardian — require experienced litigation counsel. Jill represents petitioners, guardians, and in some cases the alleged incapacitated person themselves.

Learn more about adult guardianship →

Emergency Temporary Guardianship

When a vulnerable person faces immediate risk — financial exploitation in progress, a medical crisis with no one authorized to act, assets being transferred out of reach — waiting for the standard guardianship process is not an option. Florida law provides for emergency temporary guardianship, which allows a court to appoint a guardian on an expedited basis before the full incapacity determination is complete.

An emergency temporary guardian has limited authority, defined by the court order, and the appointment lasts no more than 90 days. But in the right circumstances, it is the fastest way to stop ongoing harm and preserve what is left. To obtain one, you must demonstrate to the court that there is immediate danger to the person or their property and that no other less restrictive option is adequate.

Jill Ginsberg has handled emergency temporary guardianship proceedings in Broward, Palm Beach, and Miami-Dade counties. If you believe someone is in immediate danger, call us before you do anything else.

Guardianship of Minors

Guardianship of a minor is a separate legal proceeding from adult guardianship, and the two are governed by different rules and considerations. A minor may need a guardian of their property when they inherit assets or receive a personal injury settlement above $15,000. Florida law does not allow minors to manage assets above that threshold on their own, and a parent is not automatically authorized to do so without court approval — even if they are the natural parent and sole surviving parent.

Jill handles guardianship of minor property matters throughout South Florida, including situations where a minor is the beneficiary of an estate, a life insurance policy, or a tort settlement. These matters often intersect with probate and trust administration, and we coordinate across those practice areas when necessary.

Learn more about guardianship of minors →

Exploitation of a Vulnerable Adult

Financial exploitation of a vulnerable adult is one of the most common and damaging forms of elder abuse. It happens when someone — a caregiver, a family member, a new romantic partner — takes advantage of an older or disabled person’s diminished capacity to steal assets, change estate documents, or isolate the person from people who might intervene.

Florida law provides civil and criminal remedies. Under Florida Statute § 825.1035, we can seek an Exploitation Injunction — a fast-moving court order specifically designed to stop ongoing exploitation and protect a vulnerable adult’s assets before the damage becomes permanent. In urgent situations, this can be the most important tool available. Time matters in these cases. The longer exploitation continues, the harder it is to recover what was taken.

Learn more about exploitation of a vulnerable adult →

Elder Law and Estate Planning

Elder law and estate planning overlap more than most people realize. The power of attorney that prevents a guardianship is an estate planning document. The trust that protects an inheritance for a disabled beneficiary is an estate planning tool. The advance directive that keeps a family out of court is drafted by an estate planning attorney.

At Ginsberg Shulman, both attorneys are board certified — David in Wills, Trusts and Estates, Jill in Elder Law. When a client’s situation involves both disciplines, we don’t refer out. We work on it together. That integration is not common in a firm this size and it is one of the reasons complex matters find their way to us.

Most families contact us after something has already gone wrong — a parent who can’t manage finances, a relative being isolated, or a situation that requires immediate court action. We handle those cases. If you’re there now, don’t wait. Contact Ginsberg Shulman to schedule a consultation with Jill Ginsberg.