Aventura Elder Law and Medicaid Planning Attorney

Elder Needs Law, PLLC. Main Office Call (305) 614-6203. Schedule a Consultation. Hablamos Español.

Aventura is one of South Florida's defining retirement communities. Built largely from the 1970s onward as a planned city of waterfront high-rises and golf-course neighborhoods, it draws retirees from the Northeast, snowbirds who split the year between Aventura and colder climates, and a large international community with family and assets in more than one country.

More than one in four Aventura residents is age 65 or older, well above the national average. Many of those families have spent a lifetime building wealth they now want to protect for a spouse, children, or grandchildren. That is exactly the work an Aventura elder law attorney is built for.

Contact our Aventura main office for a consultation about Florida Medicaid and elder law planning. Call (305) 614-6203 or request a consultation online.

Elder Needs Law, PLLC is headquartered right here in Aventura. The firm is led by Jason Neufeld, Esq., a Florida Bar Board-Certified Elder Law Attorney and author of the Florida Medicaid Planning Book.

Our team is dedicated to helping clients with Medicaid planning, estate planning, probate, and guardianship, with the precision these matters require. Whether you recently relocated to a condo on the Intracoastal, you are a longtime resident facing a long-term care decision, or you are an adult child helping an aging parent plan ahead, we are here to help.

A local law firm, right in the neighborhood. Our office sits on NE 207th Street, just minutes from Aventura Mall and a short drive from Sunny Isles Beach and North Miami Beach. For Aventura seniors and the families helping them, that means Miami-Dade Medicaid planning, estate planning, and probate guidance from an elder law firm near you, not a call center across the state. In-person appointments are available at the Aventura office, with phone and video consultations for clients who prefer not to travel.

Our Aventura Office

Address 2641 NE 207th Street, Suite 100, Aventura, FL 33180

Phone (305) 614-6203

Appointments By appointment – in-person, phone, and video consultations available

Languages English and Spanish (Hablamos Español)

Serving Aventura and all of Miami-Dade County

We serve clients throughout Miami-Dade County, including Aventura, Sunny Isles Beach, North Miami Beach, North Miami, Golden Beach, Hallandale Beach, Miami Gardens, Bal Harbour, Surfside, Miami Beach, and the surrounding communities. Contact our Aventura office to set up your consultation.

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Why Miami-Dade Families Need an Elder Law Attorney

Planning for aging is not the same as general estate planning. A general practitioner can draft a will or a simple trust. Once Medicaid eligibility, nursing home costs, guardianship, or disability planning enters the picture, you need an attorney whose entire practice is built around the legal and financial realities of aging.

The cost of long-term care in the Miami area is significant. Private nursing home care in South Florida now commonly exceeds $10,000 per month, and assisted living in Miami-Dade typically runs several thousand dollars a month depending on the level of care. Without proper planning, a senior's savings can be depleted within a year or two.

Medicaid exists to help cover these costs, but qualifying while protecting as much of your family's assets as possible takes careful, strategic planning. Our guide on how to pay for nursing home and assisted living care walks through the main options available to Florida families.

Florida's Medicaid rules are complex and change every year. Income limits, asset thresholds, the five-year look-back period, exempt property rules, and spousal protections all interact in confusing ways. Which rules apply depends on your marital status, the care you need, what you own, and when you apply. A single misstep, even an innocent one, can trigger a penalty period or the unnecessary loss of assets.

Aventura families often have added layers of complexity. Many residents are dual citizens, have a non-citizen spouse, own property in another state or country, or hold most of their wealth in a condominium. These situations affect homestead protections, Medicaid eligibility, and how an estate is administered, and they reward early, knowledgeable planning.

Three Reasons to Plan Early

More strategies stay available. Planning ahead opens options that disappear once someone is already in a facility or applying under pressure.
You avoid costly mistakes. An accidental transfer or the wrong titling can create a Medicaid penalty period that proper planning would have prevented.
Your family has a roadmap. Clear documents and a plan spare loved ones from guessing during a crisis.

Our article on when to hire an elder law attorney explains why starting early makes such a difference.

Aventura Medicaid Planning Attorney for Miami-Dade Seniors

Medicaid planning is the cornerstone of what we do. Florida's Statewide Medicaid Managed Care (SMMC) Long-Term Care program covers nursing home care, assisted living, and home and community-based services for seniors who meet both medical and financial eligibility criteria. Many families find that qualifying is more achievable than they expected, especially with proper legal guidance from an Aventura Medicaid planning attorney.

2026 Florida Medicaid Eligibility at a Glance

The table below outlines the key thresholds for Florida Nursing Home (Long-Term Care) Medicaid in 2026.

Eligibility Factor	2026 Threshold
Income limit (single applicant)	$2,982 per month
Asset limit (single applicant)	$2,000 in countable assets
Community Spouse Resource Allowance (CSRA)	Up to $162,660 retained by the non-applying spouse
Minimum monthly income for community spouse (MMMNA)	$2,644, up to a maximum of $4,066.50
Home equity limit	Up to approximately $752,000
Look-back period	60 months (5 years)
Personal needs allowance (nursing home)	$160 per month

Figures are current as of January 2026 and are adjusted periodically. Always confirm the latest numbers against current Florida DCF eligibility standards or with our office before relying on them.

If your income exceeds the limit, you may still qualify through a Qualified Income Trust (QIT), sometimes called a Miller Trust. Not meeting a threshold today does not mean you cannot qualify. This is where Florida Medicaid eligibility help from an experienced attorney makes the difference.

What Medicaid Planning Actually Involves

Medicaid planning is not about hiding assets or gaming the system. It is about understanding what the rules permit and applying them strategically. Depending on your circumstances, here is how our Aventura Medicaid planning attorneys may help.

Protect the family home from Medicaid estate recovery
Spend down countable assets in permissible ways that benefit you and your family
Establish a Medicaid-compliant annuity to convert a countable asset into an income stream
Maximize spousal protections through CSRA and income-first calculations
Create or modify an irrevocable trust to shelter assets outside the look-back window. See our article on protecting your Florida home with a Medicaid asset protection trust.
Navigate Medicaid applications with the Florida Department of Children and Families (DCF)
Appeal a Medicaid denial when an application has been improperly rejected

Every family's situation is different. Our approach starts with a thorough review of your income, assets, family circumstances, and care needs. Our Florida Medicaid planning page covers these strategies in full.

Have Medicaid questions specific to your situation? Speak with an Aventura Medicaid planning lawyer.

Elder Law Services We Provide to Aventura Clients

Estate Planning

An estate plan is more than a will. For seniors and their families in Aventura, our estate planning attorneys prepare a comprehensive plan that typically includes the following.

Last Will and Testament ensuring your assets pass to the people you choose
Revocable Living Trust to avoid probate and keep flexible control during your lifetime
Durable Power of Attorney naming a trusted person to manage your financial and legal affairs if you become incapacitated
Healthcare Surrogate Designation naming someone to make medical decisions on your behalf
Living Will and Advance Directive documenting your wishes about life-sustaining treatment
Lady Bird Deed (Enhanced Life Estate Deed), a Florida-specific tool that passes real estate directly to heirs while preserving Medicaid eligibility

Because so many Aventura residents own a condominium as their primary asset, we pay particular attention to how homestead, title, and beneficiary designations interact with both probate and Medicaid. We design estate plans that work in concert with Medicaid planning, so your estate does not inadvertently disqualify you from benefits you need. Learn more about our estate planning services.

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Probate

When a loved one passes away, their estate may need to go through Florida's probate process before assets can pass to heirs. Miami-Dade probate and guardianship matters are handled by the 11th Judicial Circuit, the largest and highest-volume circuit in Florida, with the Probate Division located at the Osvaldo N. Soto Miami-Dade Justice Center, 20 NW 1st Avenue, Miami, FL 33128.

Our probate attorneys can help with the following.

File and administer formal or summary administration proceedings
Represent personal representatives through the entire process
Handle creditor claims and estate disputes
Work to minimize probate costs and timeline

If your goal is to avoid probate entirely, we can also structure your estate through trusts, beneficiary designations, and strategic asset titling to accomplish that.

Guardianship

When a senior can no longer make safe decisions due to dementia, a stroke, or a serious illness or injury, a Florida court can appoint a legal guardian. Guardianship cases in Miami-Dade proceed through the 11th Judicial Circuit's Probate Division.

Our attorneys can help in the following ways.

Determine whether guardianship is truly necessary, or whether a durable power of attorney may suffice
File for guardianship of a person, their property, or both
Navigate the court process efficiently and compassionately
Represent the interests of the ward throughout the proceeding

Special Needs Planning

If you have an adult child or family member with a disability, a Special Needs Trust (SNT) allows you to leave assets to that person without jeopardizing their eligibility for SSI, Medicaid, and other government benefits. We help Aventura families structure SNTs and broader special needs plans that protect a vulnerable loved one's long-term security.

Need help with a probate or guardianship matter in Miami-Dade? Talk to our Aventura elder law team.

What to Expect at Your First Consultation

Families often tell us they are not sure what they need or what to bring. To make the first meeting productive, it helps to gather the following.

A general list of assets and accounts (bank, retirement, investment, real estate, life insurance, annuities)
Any existing estate planning documents such as wills, trusts, powers of attorney, and deeds
Details about the care situation, if there is one, such as the current facility, diagnosis, or anticipated needs
For married couples, information for both spouses, since spousal protections drive much of the planning
Any prior gifts or transfers made in the last five years, which matter for Medicaid

You do not need to have everything organized. That is our job. We will explain your options in plain language, give you a clear picture of fees at the outset, and outline the next steps. Consultations are available in person at our Aventura office, or by phone or video.

Senior Facilities and Care Resources Near Aventura

Families often need a reference point when a loved one needs care. The facilities below serve Aventura and northeast Miami-Dade, and we regularly work with families whose loved ones are transitioning into communities like these. Before committing to any facility, see our article on nursing home red flags to watch for, and verify current ratings and inspection reports through the AHCA Florida Health Finder facility search.

Skilled Nursing, Rehabilitation, and Continuing Care

Vi at Aventura 19333 W. Country Club Drive, Aventura, FL 33180 A Continuing Care Retirement Community (Life Plan Community) offering independent living, assisted living, skilled nursing, memory care, and short-term rehabilitation on one campus, with care licensed by AHCA and Medicare-certified skilled nursing.

Regents Park at Aventura 18905 NE 25th Avenue, Aventura, FL 33180 A 180-bed facility offering short-term rehabilitation, long-term skilled nursing, respite care, and specialty programs, located close to area hospitals.

Palm Garden of Aventura Aventura, FL A long-term care and skilled nursing facility providing rehabilitation and nursing services for Aventura-area residents.

Assisted Living and Memory Care

The Sterling Aventura Aventura, FL Assisted living and memory care near Aventura's beaches, with personalized care plans and a full activities calendar.

The Plaza at ParkSquare Doral, Miami area Luxury assisted living and memory care with a residential, community-focused environment.

Miami Jewish Health (nearby) 5200 NE 2nd Avenue, Miami, FL 33137 One of the largest senior care campuses in the Southeast, offering skilled nursing, memory care, rehabilitation, and the PACE program for eligible seniors.

Facility information is provided for reference only. Elder Needs Law does not endorse and has no financial relationship with the facilities listed. We recommend that families visit facilities in person and review state inspection reports through the Florida Agency for Health Care Administration (AHCA) before making any care decision.

Local Government and Senior Resources in Miami-Dade

Navigating the elder care system involves more than finding a facility. Knowing which agencies can help is just as important.

Alliance for Aging, Inc. (Area Agency on Aging for Miami-Dade and Monroe)

Elder Helpline 305-670-HELP (305-670-4357) or 1-800-96-ELDER (1-800-963-5337) The designated Area Agency on Aging and Aging and Disability Resource Center (ADRC) for Miami-Dade County. The Alliance is a single point of access for information and referrals on benefits and long-term care services, with help available in English, Spanish, and Haitian Creole, Monday through Friday. It also coordinates the Statewide Medicaid Managed Long-Term Care program locally and runs the SHINE program for free, unbiased Medicare counseling.

Florida DCF and Medicaid Applications

Medicaid applications and eligibility determinations for Miami-Dade County are processed through the Florida Department of Children and Families. Applications can be submitted online through the ACCESS Florida portal or in person at a local DCF service center. Our office regularly assists families with the application process so submissions are complete, accurate, and supported by the documentation needed for approval.

Miami-Dade Probate and Guardianship Court

Court. 11th Judicial Circuit of Florida, Probate Division Location. Osvaldo N. Soto Miami-Dade Justice Center, 20 NW 1st Avenue, Miami, FL 33128 All probate and guardianship matters for Aventura and Miami-Dade are handled by the 11th Judicial Circuit. Our probate and guardianship attorneys are well-versed in the circuit's procedures and filing requirements.

SHINE, Serving Health Insurance Needs of Elders

Phone 1-800-96-ELDER (1-800-963-5337) Free, unbiased counseling on Medicare, Medicaid, prescription coverage, and long-term care insurance, offered through the Florida Department of Elder Affairs and the Alliance for Aging. Counselors speak English and Spanish.

Adult Protective Services

Reporting Line 1-800-96-ABUSE (1-800-962-2873) Reports elder abuse, neglect, and financial exploitation, and provides emergency services to high-risk older adults. If you believe a senior is being financially exploited or abused, this is the right contact.

Why Choose Elder Needs Law for Your Aventura Elder Law Needs

Board Certification in Elder Law

Jason Neufeld, Esq. is a Florida Bar Board-Certified Elder Law Attorney, a designation held by fewer than 1% of Florida lawyers. Board certification requires passing a rigorous examination, demonstrating substantial experience, and earning strong peer reviews. It is the highest credential available in Florida elder law. When you work with Elder Needs Law, you have an attorney who is well-versed in elder law, not a generalist who occasionally handles elder matters.

Published Authority

Jason is the author of the Florida Medicaid Planning Book, available on Amazon in print and audio. It reflects our core philosophy. Informed clients make better decisions and experience better outcomes.

Responsive, Personalized Service

Our team is known for responsive communication, clear explanations, and solutions tailored to each family's circumstances. We take the time to understand your situation, explain your options honestly, and work efficiently toward your goals.

Bilingual Service

We serve Spanish-speaking clients and families throughout Aventura and Miami-Dade. Hablamos Español.

Aventura Is Home

This is our main office. Our roots are in this community, and we serve the full breadth of Miami-Dade, from Sunny Isles Beach and North Miami Beach to Bal Harbour, Surfside, Miami Beach, and beyond.

Frequently Asked Questions

Q. How much does an Aventura elder law attorney cost?

A. Fees vary based on the complexity and scope of your matter. Estate planning documents are often handled on a flat-fee basis, while Medicaid planning and probate administration are typically quoted based on the specific work involved. Schedule a consultation and we will give you a clear picture of fees at the outset. Many families find that professional guidance protects far more than it costs.

Q. What is the Medicaid income limit in Florida for 2026?

A. For a single applicant seeking nursing home Medicaid in 2026, the income limit is $2,982 per month. If your income is above this threshold, you may still qualify through a Qualified Income Trust (QIT). Limits differ for married couples and for different Medicaid programs. Our Medicaid planning page covers the full range.

Q. Can I still qualify for Medicaid if I have too many assets?

A. Often, yes. While a single applicant must have no more than $2,000 in countable assets, there are many legal strategies to reduce countable assets in permissible ways, such as purchasing exempt assets, paying off certain debts, making home improvements, establishing irrevocable trusts, and using Medicaid-compliant annuities. The key is working with an experienced Medicaid planning attorney before making any financial moves.

Q. Does Medicaid take my house in Florida?

A. Not while you or a qualified dependent lives in it. Your primary residence is generally an exempt asset for eligibility purposes. Florida does have an estate recovery program that can seek reimbursement after death, but tools like the Lady Bird Deed can protect your home from that process.

Q. What is the Medicaid look-back period in Florida?

A. Florida Medicaid has a 60-month (5-year) look-back period. When you apply for long-term care benefits, the state reviews financial transactions going back five years for improper transfers. Gifts and transfers below fair market value during this window can create a penalty period of ineligibility, though experienced attorneys often have tools to minimize or eliminate penalties.

Q. Can we still plan if I am not a U.S. citizen, or my spouse is not?

A. Yes. Many Aventura families include dual citizens, permanent residents, or a non-citizen spouse. Citizenship status, out-of-state or foreign property, and how assets are titled all affect Medicaid eligibility and estate administration. These situations are very common here and reward early, knowledgeable planning. We can review your specific circumstances during a consultation.

Q. Does Elder Needs Law handle cases anywhere in Florida, or only Aventura?

A. We serve clients throughout Florida. In addition to our Aventura main office, we have locations in Boca Raton, Plantation, Spring Hill, Miami, Tampa, Brandon, and Lakewood Ranch, and we conduct consultations by phone and video for clients who prefer not to travel.

Schedule a Consultation with an Aventura Elder Law Attorney

You do not have to navigate these decisions alone. Whether you are beginning to think about long-term care planning, facing an immediate Medicaid application, managing the loss of a loved one, or protecting a family member who can no longer care for themselves, Elder Needs Law is here to help. Our Aventura office serves families throughout Miami-Dade with the knowledge, responsiveness, and genuine care that complex elder law situations require.

Ready to get started? Schedule a consultation with our Aventura elder law team or call (305) 614-6203.

Also Serving These Miami-Dade Communities

Sunny Isles Beach, North Miami Beach, North Miami, Golden Beach, Hallandale Beach, Bal Harbour, Surfside, Miami Beach, Miami Gardens, Miami

Related Resources on Our Website

This page is provided for general informational purposes only and is not legal advice, nor does it create an attorney-client relationship. Laws and Medicaid figures change, and how they apply depends on your specific circumstances. Please consult a licensed Florida attorney about your individual situation before acting on anything described here.

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TESTIMONIALS

What People Say About Us

"Jason and his team are responsive and communicate very well. Jason helped me to get the benefits that I qualified for much faster than expected. I would recommend him highly. My case seemed complicated to me, but Jason explained everything in detail and made everything go quite smoothly. I interviewed several elderlaw attorneys prior to choosing Jason Neufeld."

Mitchell Nm

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"Quick turn around time for appointments, great response time, very thorough, never rushed through and soooo easy to do business with over the internet! Read the website info, very very helpful!"

Linda Cadogan

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“The attorney Jason and his team are amazing at planning and execution. Me and my family would not trust anyone else with our estate planning needs.”

Mo Perez

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“I've been very impressed! A friend referred me and I've experienced nothing but perfect service and professionalism. I am extremely grateful!”

Kim F.

“A strong recommendation for Jason Neufeld and his Elder Law firm - very professional, patient, reliable, and experienced. When my father fell terminally ill, I became responsible for his assets and finances overnight, including the daunting task to qualify him for Medicaid. I interviewed several elder law firms but was most impressed by Jason’s client approach and practices. Throughout the process, Jason and his team provided clear guidance and support to successfully complete all the new and complex tasks required as a POA, and more importantly he enabled us to quickly achieve our goals related to Medicaid and estate planning. His fees are more than reasonable for the level of due diligence and support we received.”

J. Dekate

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Serving Elder Law Clients in the Following Areas

Miami, North Miami Beach, North Miami, Miami Beach, Miami Gardens, Aventura, South Miami, Kendall

‍Hallandale Beach, Miramar, Hollywood, Dania Beach,
Ft. Lauderdale, Plantation, Davie, Pembroke Pines

Deerfield Beach, Boca Raton, Delray Beach, Boynton Beach.

Spring Hill, Hernando Beach, Brooksville, Land O Lakes, Odessa, Hudson, New Port Ritchey, Tampa

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Elder Needs Law - Office Locations

All information on this website is provided for general informational purposes only, and may not reflect the current law in your jurisdiction. No information contained in this post should be construed as legal advice, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act, or refrain from acting, on the basis of any information included in, or accessible through, this website without first hiring a lawyer licensed in your state to discuss the particular facts and circumstances at issue | Privacy Policy

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