Top Elder Law Trends Florida Families Should Watch in 2026
If you have aging parents, 2026 is the year to start planning ahead. Elder law in Florida is always changing, and waiting until there’s a crisis only adds stress. From rising care costs to new planning tools, here are five trends Florida families need to know:
1. Long-Term Care Costs Are Still Rising
The price tag for long-term care in Florida keeps climbing. According to a 2024 survey by Genworth, the average cost of a private room in a Florida nursing home is close to $130,000 per year. Home care costs have also jumped. Families need to plan early to avoid dipping into retirement or losing assets.
What to Do: Explore long-term care insurance, Medicaid planning, and options like irrevocable trusts to protect your family’s finances.
2. Medicaid Rules Are Evolving
Qualifying for Medicaid in Florida has never been simple, but nuances and interpretation of rules can offer opportunities—or roadblocks. Florida’s income and asset limits still apply, but the look-back period and gifting rules can trip up families who wait too long to plan.
What to Do: Don’t assume you can “spend down” at the last minute. Talk to an elder law attorney about strategies like personal services contracts or pooled trusts.
3. Power of Attorney Language Matters
A basic POA often isn’t enough for elder law needs. Without specific provisions for Medicaid planning, trust creation, or long-term care decisions, your family could hit roadblocks during a crisis.
What to Do: Have your POA reviewed to ensure it includes elder-specific powers. A strong POA can help avoid court delays and protect your loved one’s care and assets.
4. Estate Planning Goes Digital
From electronic wills to remote notarization, Florida has embraced digital estate planning. But don’t assume a DIY plan on your iPad is enough. Legal guidance is still key to making sure documents hold up in court.
What to Do: Organize both physical and digital documents, and talk to your lawyer about adding digital assets and passwords to your estate plan.
5. More Multigenerational Households, More Burnout
Many Floridians are welcoming aging parents into their homes, but it’s not always easy. Caregiver stress is rising, especially for adults balancing kids, work, and elder care.
What to Do: Elder law planning can provide support through respite care options, caregiving agreements, and strategies to pay family caregivers.
Don’t Wait Until It’s Too Late
Planning ahead isn’t just smart, it’s an act of love. A solid elder law plan can protect your parents’ dignity, your family’s finances, and your own peace of mind.
Need help getting started? The Law Offices of Mark F. Moss, PLLC is here to help! Book a consultation and create a plan that works for your family.
Disclaimer: Reading this blog post does not create an attorney-client relationship and is not legal or tax advice. This is for informational purposes only. It is best to speak with an attorney or tax professional about your specific situation, questions, assets, concerns, and needs.