Introduction
A private nursing home room costs approximately $9,034 per month according to a Genworth survey, a figure that illustrates exactly why elder law planning is not optional for families with aging parents or spouses approaching long-term care. Amy Dow Elder Law, based in South Florida with offices in Jupiter, Boca Raton, and Port St. Lucie, focuses on helping families confront that financial reality through legally sound Medicaid planning, asset protection strategies, and comprehensive estate documentation: before a crisis arrives and while options still exist.
Attorney Amy Dow holds a J.D. from Boston College Law School and a Master’s in Counseling from Palm Beach Atlantic University, a combination that is unusual in elder law practice. The counseling background adds a dimension to client interactions that is practically relevant in a field where clients and families are often dealing with fear, grief, and difficult decisions simultaneously. She is an active member of the Elder Law Section of the Florida Bar and serves on both the Medicaid Committee and the Unlicensed Practice of Law Committee, reflecting sustained involvement in the regulatory and professional landscape of the field she practices in.
Practice Areas
Medicaid Planning and Applications
Florida Medicaid has strict income and asset limits for nursing home coverage, and the application process involves extensive documentation and strict adherence to program rules. Mistakes or insufficient planning can result in denial of benefits, required spend-down of assets, or look-back period penalties for asset transfers made within five years of the application. Attorney Dow assists families in planning ahead and in managing applications to maximize the likelihood of approval while protecting whatever assets can legally be preserved.
Asset Protection
Qualifying for Medicaid while protecting assets for a surviving spouse or for heirs requires careful structuring that complies with federal and state rules. Certain assets are exempt from Medicaid calculation; others can be repositioned through legal mechanisms to reduce countable resources without triggering penalties. This area requires an attorney who is current on Florida Medicaid rules, which change, and on the federal regulations that govern them.
Trust and Estate Planning
The firm prepares revocable and irrevocable trusts, wills, deeds, and the full complement of estate planning documents that determine how assets pass at death and how financial and healthcare decisions are handled during incapacity. A trust properly drafted and funded avoids probate, which is both time-consuming and public. Wills are essential for clients who do not have trusts or who have assets that cannot be held in trust.
Powers of Attorney
A durable power of attorney designates someone to make financial decisions on behalf of a person who becomes incapacitated. Without one, families may need to pursue guardianship through the courts, which is expensive, time-consuming, and uncertain. The firm drafts durable powers of attorney as part of a coordinated estate plan.
Healthcare Directives
Healthcare directives, including living wills and healthcare proxies, specify what medical treatment a person wants (or does not want) if they become unable to communicate those wishes. Attorney Dow’s background in counseling informs the conversations she has with clients about these documents, which require clients to think through difficult scenarios in advance.
Long-Term Care Planning
Planning for the potential need for nursing home or assisted living care involves more than financial analysis. It requires coordinating estate documents, understanding how different types of care are funded, and making decisions about asset structure that will hold up under Medicaid scrutiny if long-term care becomes necessary. The firm provides comprehensive long-term care planning for families at various stages of preparation.
Nursing Home Abuse and Neglect
When nursing home residents are harmed through inadequate care, the firm pursues legal claims on their behalf. The recognized forms of nursing home abuse and neglect that the firm handles include: pressure ulcers resulting from failure to reposition immobile residents; medication errors in administration or dosing; falls caused by inadequate supervision or unsafe conditions; malnutrition from failure to monitor or assist with eating; and physical abuse by staff or other residents.
Financial Exploitation
Financial exploitation of older adults is a recognized pattern of harm that takes many forms, including undue influence over estate documents, unauthorized use of a power of attorney, theft by caregivers, and investment fraud targeting elderly individuals. The firm represents victims of financial exploitation.
Elder Neglect
Beyond nursing home settings, older adults in home care or other environments may experience neglect that causes physical harm. The firm handles elder neglect claims as part of its broader focus on protecting the rights and welfare of elderly clients.
Attorney Profile
Amy Dow
Attorney Dow earned her J.D. from Boston College Law School and a Master’s in Counseling from Palm Beach Atlantic University. The dual graduate training is directly relevant to elder law practice, where the legal and the personal intersect constantly. She is an active member of the Elder Law Section of the Florida Bar, and she serves on the Medicaid Committee and the Unlicensed Practice of Law Committee, demonstrating current involvement in the policy and regulatory dimensions of her practice area.
Client reviews consistently cite her knowledge, patience, and effectiveness. One client specifically commended her ability to simplify complicated estate and trust matters, a description that reflects the practical communication skill that distinguishes accessible legal counsel from technical expertise delivered in an inaccessible way.
Location and Service Area
Port St. Lucie Office:
1860 SW Fountainview Blvd., Suite 100
Port St. Lucie, FL 34986
Additional offices in Jupiter, FL and Boca Raton, FL.
Phone: (561) 288-1750
Email: amy@amydowlaw.com
Website: amydowlaw.com
The firm serves clients throughout South Florida, including Palm Beach Gardens, Jupiter, Boca Raton, and Port St. Lucie.
Client Focus
Elder law intersects the most consequential personal decisions families make: how assets will be protected and passed on, who will make healthcare and financial decisions during incapacity, how nursing home costs will be covered, and what legal remedies exist when a family member is harmed in a care setting. Attorney Dow’s practice is designed to address those decisions at the planning stage, before a crisis makes them urgent and options narrow.
Her counseling background is an asset for a client population that often includes people who are anxious about the future, grieving, or dealing with a family member’s cognitive decline. Effective communication under those circumstances requires more than legal knowledge.
The firm’s multiple South Florida office locations make it accessible to clients across the region without requiring significant travel.
Frequently Asked Questions
What is the risk of not doing Medicaid planning in advance?
Medicaid has a five-year look-back period for asset transfers, meaning that assets given away or transferred within five years of an application may generate a penalty period during which the applicant is ineligible for benefits. This can result in families being responsible for nursing home costs that they expected Medicaid to cover. Planning done well in advance allows assets to be repositioned or repositioned legally and gives the look-back period time to run before care is needed.
What is a healthcare proxy and why does it matter?
A healthcare proxy (also called a healthcare power of attorney) designates a specific person to make medical decisions on a patient’s behalf if that patient becomes unable to do so. Without this document, medical providers may be uncertain who has authority to make decisions, and family members may disagree. A properly executed healthcare proxy removes that uncertainty. A living will specifies the patient’s own preferences regarding end-of-life treatment, which guides both the healthcare proxy and medical staff.
What forms of nursing home abuse does the firm handle?
The firm handles claims involving pressure ulcers resulting from failure to reposition residents, medication errors, falls caused by inadequate supervision, malnutrition from failure to monitor or assist with eating, physical abuse by staff or other residents, and financial exploitation of nursing home residents.
Can the firm help if a family member has already entered a nursing home without prior planning?
Yes. While advance planning provides the most options, there are legal strategies available even after a person has entered a nursing home. The appropriate strategy depends on the specifics of the situation, including what assets are involved, what the person’s income picture looks like, and whether a spouse is remaining in the community. An initial consultation will identify what options exist given the current circumstances.
Does Amy Dow handle cases beyond Medicaid planning?
Yes. The firm’s practice covers trust and estate planning, wills, deeds, powers of attorney, healthcare directives, long-term care planning, nursing home abuse and neglect claims, financial exploitation, and elder neglect matters, in addition to Medicaid planning and applications.
Closing
At $9,034 per month for a private nursing home room, the financial stakes of elder law planning are concrete and significant. Attorney Amy Dow’s combination of law school training, a Master’s in Counseling, active Florida Bar committee membership, and a practice dedicated entirely to elder law clients provides a specific kind of focused expertise for South Florida families who need to make these decisions carefully. Contact the firm at (561) 288-1750, by email at amy@amydowlaw.com, or through amydowlaw.com.