2011 Florida Bar Elder Law Attorney of the Year

Emma R. Hemness, Esquire

 

2011 Florida Bar Elder Law Attorney of the Year

Emma's colleagues and staff say "Congratulations for being selected by the Florida Bar as the 2011 Florida Elder Law Attorney of the Year."

It was a big surprise for Emma when on June 24, her and her husband Gerald went to the Florida Bar Annual Meeting in Orlando held at the Gaylord Palms. At the Elder Law Section's luncheon, Emma received the highest award offered by the Florida Bar, which is 2011 Florida Bar Elder Law Attorney of the Year. It was presented to her by the outgoing Chair, Leonard E. Mondschein. He made comments like, "once the legislative session began, there was no question who was going to receive this award." In other words, from her efforts on fighting against the restriction on use of personal care contracts and spousal refusal, and trying to keep seniors from being included in the mandatory enrollment into for-profit, managed care plans to receive necessary Medicaid health insurance for their long term care needs, during the legislative session, she shined and was recognized as a big advocate for seniors.

2011 Elder Law Super Lawyer

For the fourth consecutive year, Emma has been selected as a Super Lawyer in Elder Law. This disctinction is awarded based on peer review and through independent research.

As stated in the Super Lawyers website, "Super Lawyers selects attorneys using a rigorous, multiphase rating process. Peer nominations and evaluations are combined with third party research. Each candidate is evaluated on 12 indicators of peer recognition and professional achievement. Selections are made on an annual, state-by-state basis.  The objective is to create a credible, comprehensive and diverse listing of outstanding attorneys that can be used as a resource for attorneys and consumers searching for legal counsel. Since Super Lawyers is intended to be used as an aid in selecting a lawyer, we limit the lawyer ratings to those who can be hired and retained by the public, i.e., lawyers in private practice and Legal Aid attorneys. The Super Lawyers selection process involves three basic steps: creation of the candidate pool; evaluation of candidates by the research department; and peer evaluation by practice area."

Feel free to read more about the selection process.

2011 Top 50 Women Lawyers in Florida

Emma was also selected by her peers and by independent research as one of Florida's Top 50 Women Lawyers by Super Lawyers. Congratulations!

At a Glance

Practice Areas

• Medicaid
• Asset Protection Planning
• VA Benefits
• Special Needs Trusts
• Estate Planning

Comprehensive Services

• Asset protection planning to achieve immediate (and maintain) Medicaid and VA benefits qualification
• Advance planning using irrevocable trusts for future Medicaid and VA benefits qualification
• Estate planning for families of all ages, including preparation of wills, trusts, powers of attorney, advance directives
• Estate planning for families with disabled members, including preparation of special needs trusts and coordination of assistance like SSI, Medicaid, Medicare

Certifications/Awards/Education

• Florida Bar Board Certified in Elder Law, 2004
• Certified Elder Law Attorney, National Elder Law Foundation, 2005
• Veterans Administration Accreditation, 2008
• Super Lawyer in Elder Law: 2008, 2009, 2010, 2011
• Super Lawyer Top 50 Women Lawyers in Florida, 2011
• Florida Bar Elder Law Attorney of the Year, 2011
• Outstanding Member of the Year, NAELA, 2008
• Brandon Small Business of the Year, 2009
• Stetson University College of Law, 1995
• Florida Southern College, 1991

Professional Affiliations

• Section Chair, Florida Bar Elder Law Section, 2007-08
• Executive Council Member, Florida Bar Elder Law Section, 2008-present
• Chair, West Central Florida Area Agency on Aging, 2008-present
• Member, Special Needs Alliance
• Member, Public Policy Task Force
• Member, Academy of Florida Elder Law Attorneys
• Member, National Academy of Florida Elder Law Attorneys
• Past Officer/Board Member, Florida Gulf Coast Alzheimers Association
• Member, Brandon Chamber of Commerce

Emma’s Biography

Emma Hemness is the founding owner of the Law Office of Emma Hemness P.A.  Emma was admitted to practice law in Florida in 1995.  As a native of Polk County, she opened the first law office in Lakeland, Florida in January 1998.  In May 2000, she opened the second law office (and now the only office) in Brandon.

Clients desiring expertise in the following areas will be working with Attorney Emma Hemness:  Wills and trusts; advance directives, durable powers of attorney; asset protection planning; Medicaid qualification and eligibility; Veterans benefits; and special needs trusts.

Emma Hemness is one of only a handful of Elder Law Attorneys in Florida who are Board Certified.  With her Board Certification by the Florida Bar in 2004, Emma is considered an “expert” and a “board certified specialist” (BCS) in the field of Elder Law.  In addition to her Florida Bar certification, she became nationally certified in Elder Law as a Certified Elder Law Attorney (CELA) in 2005 by the National Elder Law Foundation.  In 2008, she also became accredited by the Veterans Administration, with accreditation being a federal requirement for anyone counseling veterans.

In 2008, 2009, 2010, and 2011, Emma was named a Florida Super Lawyer in Elder Law, a distinction earned only by the top 5% of all lawyers in a given area or expertise.

Mrs. Hemness received her undergraduate degree from Florida Southern University, summa cum laude, in 1991.  She earned her Doctor of Jurisprudence (J.D.) in 1995 from Stetson University College of Law.   Prior to concentrating in Elder Law, Emma was an insurance defense litigator in Tampa, Florida.

Emma Hemness has volunteered thousands of hours of her time to protecting the practice of elder law attorneys in the State of Florida and the clients whom they serve.  She was in the primary position of leadership for Florida elder law attorneys as the Chair of the Florida Bar’s Elder Law Section in 2007-2008.  Emma still serves on the Elder Law Section’s Executive Council as Co-Chair of the Medicaid Committee.  In addition to these roles, Emma was invited to join a special Task Force of the Elder Law Section and Academy of Florida Elder Law Attorneys whose principle work is to review the policies and processes of the Florida Department of Children and Families (DCF) to ensure compliance with federal and state rules and regulations.

Emma is a current member of the National Academy of Elder Law Attorneys (www.naela.org).  In 2008, she won the “NAELA Outstanding Elder Law Attorney of the Year” award for the state chapter, where she is a current member of the Academy of Florida Elder Law Attorneys and a past board member.

Mrs. Hemness is dedicated to serving the needs of persons with disabilities and their families as an integral part of her Elder Law practice.  Emma is a member of the Special Needs Alliance (www.specialneedsalliance.org ), an invitation-only national organization of special needs trusts attorneys.  She has had the pleasure of serving as an ambassador of the SNA to both the Autism Society of America and the National ARC in recent year.  In 2011, she will be working as Co-Chair of the NAMI affiliation team of the SNA.

Mrs. Hemness is active in her local aging community as Chair of the West Central Florida Area Agency on Aging since May 2008.  In addition to serving as a past board member and an officer of the Florida Gulf Coast Chapter of the Alzheimers Association, she donates office space to the charitable organization and is a proud sponsor of the Memory Walks since 2005. 

Emma Hemness is a frequent lecturer teaching other attorneys at Florida Bar Continuing Legal Education seminars.  She is often asked to give presentations on elder law issues to churches, organizations, and caregiver support groups.  A listing of some legal education seminars taught:

• Elder Law Section Certification Review Course, January 12-13, 2011, Ins and Outs of Medicaid Benefits
• AFELA 11th UnProgram, December 4, 2010, Promissory Notes and Gift & Cure Strategies in Medicaid Planning 
• Elder Law Section Retreat, October 2010, Hot Topics: Veterans Administration Benefits Change
• Elder Counsel LLC, Guest Speaker, October 5, 2009, Medicaid Crisis Planning Strategies  
• AFELA 9th UnProgram, December 2008, Real Estate Investment & Medicaid Planning and Veterans Benefits
• 12th Annual Public Benefits Seminar, Elder Law Section, April 11, 2008, Post DRA-Planning
• Elder Law Section Certification Review Course, January 24-25, 2008, Medicaid Eligibility, Qualification & the DRA
• AFELA-sponsored Private Workshop, October 2007, Florida Implementation of the DRA
• National Business Institute, May 2007, Qualifying for Medicaid Long Term Care Programs
• 11th Annual Public Benefits Seminar, Elder Law Section, April 2007, Medicaid Eligibility and the DRA
• National Business Institute, February 2007, Medicaid ICP:  The Basics
• National Academy of Elder Law Attorneys UnProgram, Breakout Session, January 2007, Using Income Producing Property for Medicaid Eligibility
• Elder Law Section, Fundamentals of Elder Law, April 2006, Ethical Issues:  Dealing with Incapacitated Clients & Evaluating Mental Incapacity

In her local community of Brandon, Florida, Emma’s law office was nominated as a top three finalist for the “2006 Small Business of the Year” by the Brandon Chamber of Commerce.  In 2009, Emma made it to the top three finalists again.  She was proud to win the “2009 Small Business of the Year” award this time.

Emma Hemness is married to the other attorney in the Law Office of Emma Hemness PA, namely, Gerald L. Hemness Jr.  They met during law school as fellow students.  They married in November 1995 in an outdoor ceremony in the courtyard at the Stetson University College of Law.  They have one son, Nathan.