Elder Care Law
Attorney Martoccio graduated Magna Cum Laude in Stetson University with a B.B.A. in Business Administration and a major in accounting. He is a member of the Florida Bar and received his Juris Doctorate from the University of Florida. Attorney Martoccio also holds membership with the Real Property, Probate and Trust Law, Elder Care Law, and Business Law Divisions of the Florida Bar.
We provide counseling and education to our clients regarding the legal problems unique to Florida's senior citizens. Some of these areas include:
- Qualifying for Medicaid
- Social Security
- And Other Government Benefits
Additionally, we cover many other services associated with the legal rights of our aging population. These include:
- Long Term Care Alternatives
- Incapacitation Planning
- Powers of Attorney
- Health Care Directives
At our firm, we are dedicated to protecting the rights of our clients and serving their specific legal needs. Do not hesitate to call us to schedule your free consultation today.
Guardianship is a legal proceeding in the circuit courts of Florida in which they appoint a guardian to exercise the legal rights of an incapacitated person. This guardian can be an individual or institution, such as a bank trust department, that is appointed by the court to care for an incapacitated person—called a "ward"—or for his or her assets.
A guardian who is given authority over any property of the ward shall inventory the property, invest it prudently, use it for the ward's support, and account for it by filing detailed annual reports with the court. Additionally, the guardian must obtain court approval for certain financial transactions.
The guardian of the ward's person may exercise those rights that have been removed from the ward and delegated to the guardian, such as providing medical, mental, and personal care services and determining the place and kind of residential setting best suited for the ward.
The guardian of the person must also present to the court every year a detailed plan for the ward's care. If you have questions about a Florida guardianship, give us a call and schedule a free consultation.
Trust and Estate Administration/Disputes
Our estate planning practice concentrates on educating our clients about the probate process and assisting them in structuring their estates. Understanding the law avoids the cost, delay, and publication associated with probate in the state of Florida.
We counsel our clients on methods to pass their property effectively to loved ones with as little probate or tax exposure as possible. Additionally, we also represent plaintiffs and defendants in trustee and fiduciary disputes and provide representation in all areas of estate and trust administration and litigation.
If you have questions about the administration of a probate or trust estate in Florida, about the actions of a trustee or personal representative, or the rights of a beneficiary, call us today to schedule your free consultation.