Top Medicaid Planning Lawyer and Elder Law Attorney serving BRANDON AND ALL OF TAMPA, FLORIDA




It can be quite the shock when families in Brandon, Tampa and surrounding areas are faced with the prospect of exorbitant long-term care costs. Medicaid planning (also known as incapacity planning) is essentially the process of legally and ethically shifting assets from the status of “unprotected” to “protected” and/or converting those unprotected assets into an income stream to qualify someone for Medicaid benefits that will greatly assist with the immense costs of long term care and preserving assets for the well spouse / community spouse. Your Medicaid planning attorney will present your Medicaid planning options along with our pros and cons analysis. Our Tampa, FL elder law clients are usually excited and relieved after we explain our Medicaid-planning strategies.


Medicare (much to the surprise and dismay of many) only covers short term care and a lifetime benefit for a maximum of 100 days for rehab or skilled nursing - triggered by a hospital admission (as opposed to staying under “observation”) for at least three days. The intention is to provide skilled / rehabilitative care (not custodial care) following a stroke, hip replacement, etc…In fact; Medicare only pays the first 20 days in full. For days 21-100, the patient pays a $170.50 per day co-pay (as of 2019). After a patient has used up their 100 days, they will need to pay out of pocket, utilize long-term-care insurance, or qualify for Medicaid’s lesser-known Institutional Care Program. This is where a medicaid-planning attorney helps.


From hiring a home-health aide to paying for assisted living facilities or skilled nursing home care: Five years of long-term care can cost between $200,000 and $600,000. That will completely decimate the life savings of most Floridians. Our goal is for Medicaid to pay the bulk of your long-term care costs so  you  are able to pass as much wealth onto your heirs as possible by utilizing a number of wealth preservation strategies. In addition, as elder law attorneys, we can review and amend your will, irrevocable and revocable trusts to minimize or avoid probate and best meet your estate planning needs. Without an experienced Brandon, FL Medicaid-planning attorney by your side, much of your assets and wealth will likely have to be spent on care.


Our goal is to empower our elder law clients. Medicaid planning / incapacity planning law involves a number of issues that intersect with your estate planning documents. It is essential to have advanced directives, livings wills, durable power of attorney, revocable trusts, a pour-over last will and testament reviewed by your Medicaid planner / elder law attorney. There are special provisions that need to be included in these documents that, if not present, will create unnecessary obstacles for your Brandon Elder care lawyer. While we focus on Medicaid planning / incapacity planning, we work with other Tampa elder care specialists should you need legal assistance with navigating probate court or initiating a guardianship proceeding.

We care. We listen. We can help. Call Us at (813) 279-2798.

Ruby Wake is a TAMPA Elder Law Attorney who represents clients who live in Florida.

satellite locations (by appointment)in sarasota, oldsmar and new port ritchie.

While Ruby’s primary office is based in Brandon, FL, but she has satellite offices in Oldsmar, New Port Richey, Sarasota and New York City. Ruby represents the elderly, the disabled, younger families, and their caregivers in all facets of Elder Law, Asset Protection Planning, Public Benefits, Estate Planning, Incapacity Planning, Special Needs Planning, Guardianship, Probate, and Trust Administration. As an attorney, Ruby understands that her role is not only to be an advocate, but also to listen and counsel. With a background in sociology, Ruby embraces the importance of social understanding and equality for everyone, and adherence to ethical practices to improve society as a whole.

Ruby graduated magna cum laude from SUNY Old Westbury and was well respected among her peers at Hofstra University School of Law. While in law school, she worked as a paralegal at a boutique estate planning firm and continued her employment after graduation. As an Associate Attorney, Ruby represented high net-worth families and their businesses, as well as couples requiring pre-nuptial agreements.  After eight years of working closely with clients, Ruby transitioned to the Private Client Services, Estates & Trusts Department of the prestigious New York City law firm, Windels Marx Lane & Mittendorf, LLP.  At Windels, Ruby had the opportunity of working closely with some of the most influential estate planning attorneys in New York. With over fourteen years of experience, Ruby transitioned her practice to Florida where she continues to serve clients and provides concierge services to clients who are unable to come to her various offices.

Although like many Floridians Ruby is a New York native, she enjoys life in Florida with her husband, Anthony, her children, Ethan and Kaleesi, her pet Siberian cat, Princess Aja, and her Samoyed puppy, Sugar. Ruby is also fluent in Spanish and prides herself on being a trusted resource to her clients and to her community. She is a legal provider to Prospera where she guides clients on business law and intellectual property and serves on the Board of Directors for the Hispanic Chamber of Commerce. You can always find Ruby educating families on the importance of protecting their legacies either online, as a panelist or via workshops in the community.

Ruby is proud to be of-counsel to Elder Needs Law, PLLC, while maintaining her separate practice with Wake Law, LLC.

Our Brandon and Tampa, FL area Elder Law Attorneys are Available to Answer Your Questions.

Ruby Wake

Office Phone (813) 279-2798

350 East Robertson Street, Suite 101, Brandon, Florida 33511

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We care. We listen. We can help. Call Us at (813) 279-2798.