As a Board-Certified Elder Law Attorney, Heidi F. Friedman, Esq., has built her South Florida practice around the complex intersection of long-term care, Medicaid eligibility, and veterans benefits. In a region with high care costs and a significant veteran population, her work centers on helping families protect assets while accessing earned benefits. We asked Friedman to clarify common misconceptions and outline what strategic planning truly requires.
SFBW: What distinguishes elder law from estate planning?
Friedman: Estate planning is about what happens after you pass away. Elder law is about protecting you while you’re still here.
Elder law focuses on long-term care planning, incapacity planning, Medicaid eligibility, VA benefits, and protecting assets during your lifetime. It’s not just drafting documents — it’s strategic planning that can determine whether a family preserves savings or unnecessarily spends everything on care.
When we’re dealing with income caps, transfer penalties, and care costs that can exceed $10,000 a month, the strategy must be thoughtful and proactive. It’s about protecting both the person and the plan.
SFBW: What financial mistakes do families most often make?
Friedman: The biggest mistake is waiting too long — or relying on well-meaning advice from friends who “went through this once.”
I see families transfer assets to children or add children as joint owners to accounts without realizing Medicaid has a five-year lookback and the VA has its own transfer rules. That can create penalties right when care is urgently needed.
There is so much misinformation out there that one of the biggest mistakes families make is not getting the right information from the right expert early enough. With proper planning, there are usually more options than families realize.
SFBW: Which VA benefit should veterans and spouses be paying closer attention to?
Friedman: Aid and Attendance is the most overlooked benefit I encounter — and often the most impactful.
It is a needs-based pension program for wartime veterans and surviving spouses who require assistance with daily living. It can provide meaningful monthly income to offset home care, assisted living, or other long-term care needs.
Many families assume VA benefits are only for service-connected injuries. That’s simply not the case. Aid and Attendance is based on wartime service, financial eligibility, and medical need. Even surviving spouses may qualify. In South Florida, where care costs are high, this benefit can be life changing.
SFBW: How can high-net-worth individuals protect assets while planning for long-term care?
Friedman: This is where strategic, early planning makes all the difference.
There are lawful tools — including trust strategies, spousal planning techniques, and income restructuring — that can preserve assets while positioning someone appropriately if long-term care becomes necessary.
This isn’t about hiding assets. It’s about understanding the framework and planning within it. When done correctly, it protects both financial legacy and access to care.
SFBW: When should families begin planning?
Friedman: The best time to plan is before you think you need it.
When someone is healthy and thinking clearly, we can update powers of attorney, review beneficiary designations, and evaluate future eligibility for VA or Medicaid benefits without pressure. Early planning gives you options and flexibility.
Crisis planning often happens after a fall or diagnosis, when a family is already overwhelmed. We can help in those situations, but the choices may be narrower and more urgent.
SFBW: How does elder law intersect with legacy planning?
Friedman: Most people want to leave a legacy. What families underestimate is the cost of long-term care.
If those costs consume a lifetime of savings, there may be little left to pass on. When we incorporate VA benefits and Medicaid planning into an estate plan, we’re protecting stability for a surviving spouse and future generations.
To me, legacy includes dignity. True legacy planning protects both the person and the family.
SFBW: What misconception about VA or Medicaid planning concerns you most?
Friedman: Families often assume it is “too late” once someone enters a facility. In many cases, that simply isn’t true.
They also assume they “have too much” to qualify. Eligibility is rarely as simple as people think. With proper planning, many families who believed they would never qualify actually can.
There is also a misconception that this kind of planning involves “hiding” money. That simply isn’t true. Everything we do is fully compliant with the rules. We plan carefully, legally, and ethically within the framework the law provides.
