Home/Elder law

Elder law

Planning for the years ahead

Aging brings hard questions about care, cost, and control. John Clarke helps South Florida families plan for long-term care, protect a lifetime of savings, and put the right people in charge, with the calm of a former nurse who has sat at the bedside.

·Medicaid planning·Powers of attorney·Guardianship
What it covers

What elder law actually covers

Elder law is about keeping control and dignity as you age. John plans ahead so a health crisis does not become a legal and financial one, and so the people you trust can step in when they are needed.

  • Long-term care and Medicaid planning, so care does not drain a lifetime of savings
  • Durable powers of attorney, so someone you trust can act if you cannot
  • Health care surrogates and living wills that state your wishes in advance
  • Guardianship when a loved one can no longer make decisions safely
  • Special needs planning that protects a family member's benefits eligibility
Ask about your situation
A healthcare directive and durable power of attorney with reading glasses and a family photograph
The approach

How we plan together

Three steps, with a former nurse who understands both the medicine and the law guiding you through each one.

01

We listen first

We start with your family, your health picture, and your finances. No assumptions, no rushing. Just an honest read on what you are facing and what matters most.

02

We build the plan

Medicaid and long-term care strategy, powers of attorney, health care directives, and the right tools to protect savings and eligibility, all explained in plain language.

03

We stay with you

Plans need to keep up with health and the law. John updates as things change and steps in for Medicaid applications or guardianship if your family needs it.

Elder law

Protecting your independence and your legacy

As we age, protecting our health, independence, and financial security becomes increasingly important. At Clarke Law, P.A., we help seniors and their families navigate the legal, financial, and health care challenges that often arise later in life. As a former registered nurse, John Clarke brings a rare combination of medical insight and legal skill to this work.

Schedule a free consultation

Preserving wealth and protecting what you have built

Our elder law services focus on preserving wealth, protecting assets, and making sure your property passes to the people you choose. We assist with estate planning, powers of attorney, trusts, and other strategies designed to avoid unnecessary costs and protect family assets.

Medicaid and long-term care planning

The cost of nursing home care and assisted living can quickly deplete a lifetime of savings. We help families understand Florida Medicaid rules and put lawful planning strategies in place that preserve assets while qualifying for long-term care benefits. The key is to plan early and correctly, because the rules around income, assets, and transfers are strict and unforgiving of mistakes.

Our Medicaid planning tools include Qualified Income Trusts (often called Miller Trusts), Personal Services Contracts, caregiver agreements, and more. You can read more about qualifying for Medicaid long-term care and how assets are counted in our articles.

Powers of attorney and advance directives

A complete elder law plan makes sure someone you trust can step in if you are ever unable to act for yourself. That usually means a durable power of attorney for finances, along with a designation of health care surrogate and a living will under Florida's Health Care Advance Directives law. Putting these documents in place now spares your family difficult guesswork later.

Guardianship and incapacity planning

When someone becomes incapacitated without the right documents in place, the family may have to ask a court to appoint a guardian under Florida's guardianship law. We guide families through that process, and we structure plans that aim to avoid the need for guardianship altogether.

Protecting seniors from financial exploitation

Unfortunately, seniors are sometimes targeted for financial exploitation and abuse by caregivers and others in positions of trust. We represent seniors and their families in litigation involving:

  • Elder financial abuse
  • Contested powers of attorney
  • Improper transfers of assets
  • Breach of fiduciary duty
  • Undue influence
  • Trust disputes
  • Actions to recover misappropriated property

Elder law services

Whether you are planning for the future, seeking Medicaid long-term care benefits, or protecting a loved one from exploitation, we provide experienced guidance tailored to your family's needs. Our elder law services include:

  • Medicaid long-term care planning
  • Medicaid eligibility and asset protection
  • Qualified Income Trusts (Miller Trusts)
  • Personal Services Contracts
  • Powers of attorney and advance directives
  • Revocable living trusts and estate planning
  • Probate and trust administration
  • Elder financial exploitation litigation
  • Undue influence claims
  • Recovery of misappropriated assets
  • Guardianship and incapacity planning
  • Fiduciary litigation and trust disputes

Experience and standing

Attorney John Clarke is a member of the Real Property, Probate and Trust Law section of The Florida Bar, and a registered service provider with the Broward County Aging and Disability Resource Center.

Client reviews

What our clients say

5.0

Rated 5.0 across 55 verified reviews on Avvo, Google & Thumbtack

John was very knowledgeable and helpful in giving advice on the handling of my father's estate. He provided a step-by-step course of action to probate the estate. I would definitely recommend him.

Nat L.

Probate · via Thumbtack

Jan 2026

I am pleased to share my highest recommendation for Clarke Law PA. From our very first interaction, John demonstrated a deep understanding of the law, communicated clearly, and gave guidance that was both practical and strategic for my needs. Every question was answered promptly, and I always felt fully informed and supported.

Heleven M.

Estate planning · via Thumbtack

Dec 2025

I am very impressed by John Clarke's skills as a lawyer and advocate. He helped me plan my estate and helped my father qualify for Medicaid long-term care. He was knowledgeable, caring, and very efficient. I would definitely use Mr. Clarke again.

Drew H.

Elder law & Medicaid · via Thumbtack

Apr 2019

Questions

Elder law questions

Straight answers for the road ahead.

When should I start elder law planning?

Sooner is better. The best protections, especially around Medicaid, work best when they are in place well before a crisis. That said, John can still help once care is already needed.

Will Medicaid take our home?

In most cases your Florida homestead is protected while you are alive, but the rules around recovery and eligibility are detailed. John structures things so your home and savings are protected as much as the law allows.

What is the difference between a power of attorney and guardianship?

A power of attorney is something you sign in advance to choose who acts for you. Guardianship is a court process used when no plan is in place and someone can no longer decide for themselves. Planning ahead usually avoids guardianship entirely.

Can you help us qualify for Medicaid long-term care?

Yes. John plans and, when needed, handles the application so care does not wipe out a lifetime of savings, using the strategies Florida law allows.

What is a health care surrogate?

It is the person you name to make medical decisions if you cannot. Paired with a living will, it makes sure your wishes are followed and your family is not left guessing.

Do I work with John directly?

Yes. You reach John himself, not a call center or a junior associate. As a former nurse, he brings real understanding to families during a difficult season.

Still have questions?

Call or schedule a free consultation. John will walk you through it.

From the blog

Elder law reading

Free consultation

Plan for the years ahead with confidence

Talk to John about long-term care, Medicaid, and the documents your family needs. The first consultation is free, with no pressure to continue.

Free, no-obligation consultation

Get in touch

Tell John about your situation

No call center and no junior associate. You reach John directly. The first consultation is free, and there is no obligation.

Free and confidential. Submitting this form does not create an attorney-client relationship.

Clarke Law, P.A. office in Fort Lauderdale
Call(954) 556-8952Emailjohn@clarkelawpa.com
Office1975 E. Sunrise Blvd., Suite 626, Fort Lauderdale, FL 33304Get directions
HoursMon to Fri, 8am to 6pm. Evenings and weekends by appointment.

Serving clients across Broward, Miami-Dade, and Palm Beach counties.