Daniel Smith

Top rated Elder Law attorney in Sarasota, Florida

Advocates in Aging, Law Office of Wiesner Smith PLLC
Daniel Smith
Advocates in Aging, Law Office of Wiesner Smith PLLC

Practice Areas: Elder Law, Estate Planning & Probate, Military & Veterans Law; view more

Licensed in Florida since: 2018

Education: George Mason University School of Law

Selected to Rising Stars: 2021 - 2024
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Advocates in Aging, Law Office of Wiesner Smith PLLC

328 N Rhodes Ave
Sarasota, FL 34237 Visit website


Focusing his law practice on estate planning and elder law, attorney Daniel H. Smith strives to provide credible representation to the people of Florida, mainly in the areas of Sarasota and Bradenton. A partner at Advocates in Aging Law Office of Wiesner Smith PLLC, he has experience handling legal matters related to Medicaid and Special Needs Planning, Veterans Benefits, Guardianship, Wills, Trusts, and Estates, Advance Directives and Durable Powers of Attorney, Fiduciary Representation, and Long-Term Care Issues.  He is licensed and in good standing to practice law in both Florida and Virginia.

In 2001, Mr. Smith enrolled in the University of North Carolina at Chapel Hill to complete his B.A. in education. After obtaining his degree, he taught students at D.C. Public Schools in Washington, D.C. before working at two law firms in D.C. as a paralegal.  In 2015, he graduated cum laude with his J.D. from the George Mason University – Antonin Scalia Law School.  There, he earned a writing fellowship and was selected to be an Articles Editor of the George Mason Law Review. He was also an active member of the Supreme Court Clinic. 

A VA-accredited attorney, Mr. Smith has worked with veterans and their families in filing appeals pertaining to VA Compensation and Pension Benefits. He has completed internships at the U.S. Securities and Exchange Commission in Washington, D.C. and the Alabama Securities Commission in Montgomery, Alabama, where he helped in fighting for the rights of people who were at the receiving end of financial exploitation and victims of fraud.  Through his eight years of committed law practice, he has been rated “Superb” on Avvo and has received acclaim from satisfied clients. 

Mr. Smith volunteers on the Guardianship Committee of the Elder Law Section of The Florida Bar, and on the Membership Committee of the Sarasota County Bar Association.  He also represents Lutheran Services Florida as Office of the Public Guardian for indigent wards.  He is past Vice President and Board Member of Sarasota County Aging Network, and former volunteer for the Pines of Sarasota rehabilitation and skilled nursing facility.

Practice areas

Elder Law, Estate Planning & Probate, Military/Veterans Law

Focus areas

Estate Planning, Guardianships & Conservatorships, Living Wills, Power of Attorney, Probate & Estate Administration, Trusts, Veteran's Benefits, Wills

  • 50% Elder Law
  • 40% Estate Planning & Probate
  • 10% Military/Veterans Law

First Admitted: 2018, Florida

Professional Webpage: https://www.wiesnerlaw.com/about-us/daniel-h-smith/

Pro bono/Community Service:
  • Board Member & Vice President, Sarasota County Aging Network (SCAN)
  • Pro Bono Attorney Volunteer, Blue Ridge Legal Services
  • Board Member, Tampa Bay Area Carolina Club
  • Lifetime Member, University of North Carolina General Alumni Association
  • Volunteer, The Pines of Sarasota Senior Care and Rehabilitation Community
  • Senior Resources of the Suncoast
Educational Background:
  • J.D. cum laude, George Mason University School of Law, 2015
  • B.A., The University of North Carolina at Chapel Hill, 2005
Scholarly Lectures/Writings:
  • Subjective Falsity Under Section 11 of the Securities Act: Protecting Statements of Opinion discusses the Sixth Circuit’s strict liability decision in Indiana State District Council of Laborers & Hod Carriers Pension & Welfare Fund v. Omnicare, Inc. for statements of opinion contained in registration statements, and its express departure from both the Second and Ninth Circuits. Consistent with the Second, Third, and Ninth Circuits, this Article proposes that both objective and subjective falsity should be the requisite pleading standard for section 11 opinion statement cases. This Article reaches this conclusion by examining the history of the Securities Act and section 11, pleading requirements, decisions of other circuits, current legal scholarship, and recently-implemented statutes and regulations. Additionally, this Article examines the detrimental effects that a strict liability holding will have on highly-regulated industries such as healthcare and finance., Author, Subjective Falsity Under Section 11 of the Securities Act: Protecting Statements of Opinion, University of Puerto Rico Business Law Journal; Bocconi Legal Papers (Milan, Italy), 2015
  • Articles Editor for the George Mason Law Review, Articles Editor, Articles Editor, George Mason Law Review, George Mason Law Review, 2015
Bar/Professional Activity:
  • Virginia State Bar, 2016
  • Member, Virginia State Bar
  • Member, Sarasota County Bar Association
  • Member, The Florida Bar
  • The Florida Bar, 2018
Special Licenses/Certifications:
  • VA Accredited Attorney, 2018
  • Florida Super Lawyers, Rising Star, Super Lawyers, 2022
  • SRQ Magazine Elite Top Attorneys, SRQ Magazine, 2023
  • SRQ Magazine Elite Top Attorneys, SRQ Magazine, 2022
  • SRQ Magazine Elite Top Attorneys, SRQ Magazine, 2021
  • Florida Super Lawyers, Rising Star, Super Lawyers, 2023
  • Florida Super Lawyers, Rising Star, Super Lawyers, 2021

Office location for Daniel Smith

328 N Rhodes Ave
Sarasota, FL 34237

Phone: 941-919-3593


4 Years Rising Stars
  • Rising Stars: 2021 - 2024

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