Boca Raton Elder Law and Medicaid Planning Attorney

Boca Raton has long been one of Florida's premier retirement destinations. Its combination of warm winters, upscale amenities, and proximity to world class medical facilities makes it a natural draw for retirees relocating from the Northeast and Midwest, as well as for snowbirds who divide the year between Boca and colder climates. More than 28 percent of Boca Raton residents are aged 65 or older, nearly double the national average, and many of those families arrive with substantial assets they have spent a lifetime building and are now focused on protecting.

At Elder Needs Law, PLLC, we have an office right here in Boca Raton to serve you. Led by Jason Neufeld, Esq., a Florida Bar Board-Certified Elder Law Attorney and author of the Florida Medicaid Planning Book, our firm helps Palm Beach County seniors and their families with Medicaid planning, estate planning, probate, and guardianship with the care and precision these matters deserve. Whether you are a retiree who has just moved to the area, a longtime resident facing a long term care decision, or an adult child helping an aging parent plan ahead, we are here to help.

Our Boca Raton Office

Address  5550 Glades Road, Suite 500, Boca Raton, FL 33431

Appointments  By appointment, with in person, phone, and video consultations available

Languages  English and Spanish, Hablamos Espanol

We serve clients throughout Palm Beach County, including Boca Raton, Delray Beach, Boynton Beach, Lake Worth, Wellington, Palm Beach Gardens, Jupiter, Deerfield Beach, Highland Beach, and surrounding communities.

Why Palm Beach County Families Need an Elder Law Attorney

Planning for aging is not the same as general estate planning. A general estate planning attorney can draft a will or set up a simple trust. When 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 Boca Raton is significant

Private nursing home care in the Palm Beach County area averages between $9,000 and $10,900 per month for a private room. Assisted living typically runs $4,000 to $5,500 per month. Without proper planning, a senior's life savings can be depleted within a year or two. Medicaid exists to help cover these costs, but qualifying for it while protecting as much of your family's assets as possible requires careful, strategic planning. Our guide on how to pay for nursing home and assisted living care covers the main options available to Florida families.

Florida's Medicaid rules are complex and change every year

Income limits, asset thresholds, look back periods, exempt property rules, and spousal protections all interact in ways that are genuinely confusing. The rules that apply depend on your marital status, the type of care you need, what you own, and when you apply. A misstep, even an unintentional one, can result in a lengthy period of ineligibility or the unnecessary loss of assets.

Time matters

Many families wait until a crisis before consulting an elder law attorney. At that point, options narrow significantly. Planning years or even months in advance opens strategies that are no longer available once someone is already in a facility or applying for Medicaid under pressure. Our article on when to hire an elder law attorney explains why starting early makes such a difference. An experienced Boca Raton elder law attorney will assess your full picture and help you make informed decisions well before the pressure begins.

Medicaid Planning for Boca Raton and Palm Beach County Seniors

Medicaid planning is the cornerstone of what we do. Florida's Statewide Medicaid Managed Care 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.

2026 Florida Medicaid eligibility at a glance

Knowing where you or a loved one stands financially is the first step. The table below outlines the key thresholds for Florida Nursing Home Medicaid in 2026.

If your income exceeds the limit, you may still qualify through a Qualified Income Trust, sometimes called a Miller Trust. Not meeting the thresholds today does not mean you cannot qualify.

What Medicaid planning actually involves

Medicaid planning is not about hiding assets or gaming the system. It is about knowing what the rules permit and applying them strategically to your family's situation. Depending on your circumstances, our Boca Raton Medicaid planning attorneys may help you with the following.

• Protect the family home from Medicaid estate recovery, often with a Lady Bird deed
• 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 planning 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
• Handle the Medicaid application with the Florida Department of Children and Families
• Appeal a Medicaid denial if an application has been improperly rejected

Every family's situation is different. Our approach starts with a thorough review of your income, assets, family situation, and care needs, and builds from there.

SPEAK WITH A BOCA RATON MEDICAID PLANNING ATTORNEY

Elder Law Services We Provide to Boca Raton Clients

Estate planning

An estate plan is more than a will. For seniors and their families in Boca Raton, 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 maintain privacy while allowing flexible control during your lifetime
• Durable Power of Attorney designating 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, a Florida specific tool that passes real estate directly to heirs while preserving Medicaid eligibility

We design estate plans that work in concert with Medicaid planning so that your estate does not inadvertently disqualify you from benefits you need.

Probate

When a loved one passes away, their estate may need to go through Florida's probate process before assets can be transferred to heirs. Palm Beach County probate cases are handled by the 15th Judicial Circuit Court, with filings managed by the Clerk of the Circuit Court at 205 N. Dixie Highway, West Palm Beach. Our probate attorneys file and administer formal or summary administration proceedings, represent personal representatives through the entire process, handle creditor claims and estate disputes, and work to minimize probate costs and timeline. If your goal is to avoid probate entirely, we can structure your estate through trusts, beneficiary designations, and strategic asset titling to accomplish that.

Guardianship

When a senior can no longer make safe or sound decisions for themselves due to dementia, a stroke, a serious illness, or injury, a Florida court can appoint a legal guardian. Guardianship cases in Palm Beach County proceed through the 15th Judicial Circuit. Our attorneys 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, and 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 allows you to leave assets to that person without jeopardizing their eligibility for SSI, Medicaid, and other government benefits. We help Boca Raton families structure these trusts and broader special needs plans that protect a vulnerable loved one's long term security.

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Why Choose Elder Needs Law for Your Boca Raton Elder Law Needs

Board certified credentials

Jason Neufeld, Esq. is a Florida Bar Board-Certified Elder Law Attorney, a designation held by fewer than one percent 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 a verified specialist rather than 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. This practical guide for families reflects our core philosophy, that informed clients make better decisions and experience better outcomes.

Responsive and personalized service

Our team is known for responsive communication, clear explanations, and solutions tailored to each family's circumstances. We do not treat your case as a form to be filled out. We take time to know your situation, explain your options honestly, and work efficiently toward your goals.

Serving Boca Raton and all of Palm Beach County

Our Boca Raton office serves the full breadth of Palm Beach County. Whether you live in the Town of Palm Beach, Delray Beach, Boynton Beach, Lake Worth, Wellington, Palm Beach Gardens, Jupiter, Royal Palm Beach, or anywhere in between, we are accessible and ready to help. Our Palm Beach County elder law page covers our broader regional coverage.

Frequently Asked Questions

Q. How much does an elder law attorney cost in Boca Raton?

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 elder law 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. Limits differ for married couples and for different types of Medicaid programs.

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

A. Yes, in many cases. While a single applicant must have no more than $2,000 in countable assets, numerous legal strategies reduce countable assets in permissible ways, including 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 attorney before making any financial moves.

Q. Does Medicaid take my house in Florida?

A. Not while you or a qualified dependent is living in it. Your primary residence is generally an exempt asset for eligibility purposes, and where a spouse, a child under 21, or a disabled child lives in the home there is no equity limit at all. For a single applicant with no qualifying occupant, equity above $752,000 in 2026 makes the home countable. Florida does have an estate recovery program that can seek reimbursement after death, but tools like the Lady Bird deed can protect the home from that process.

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

A. Sixty months, or five years. When you apply for long term care Medicaid, the state reviews all financial transactions going back five years for improper asset transfers. Gifts, transfers below fair market value, and certain trust contributions during this period can result in a penalty period of ineligibility, calculated using a divisor of $10,645 per month in 2026. Even within the look back window, experienced attorneys have tools to minimize or eliminate penalties.

Q. When should I start working with an elder law attorney?

A. The best time is well before a crisis, ideally in your 60s or early 70s when options are broadest and time is on your side. The second best time is right now. Even if you or a loved one are already facing a care transition or a Medicaid application, an experienced attorney can often still help significantly.

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

A. A durable power of attorney is signed voluntarily while someone has legal capacity, naming a trusted person to act on their behalf if they become incapacitated. Guardianship is a court imposed process that removes legal rights from the individual and transfers decision making to a court appointed guardian. Guardianship is more costly, more restrictive, and more adversarial. Having proper documents in place while you are healthy is the most effective way to avoid it entirely.

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

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

Boca Raton Families Have More Options Than They Think

You do not have to make these decisions alone, and the situation is rarely as closed off as it first appears. Whether you are beginning to think about long term care planning, facing an immediate Medicaid application, managing the loss of a loved one, or trying to protect a family member who can no longer care for themselves, our Boca Raton office serves clients throughout Palm Beach County with the knowledge, responsiveness, and genuine care these situations require. A good first step is to gather a list of your income sources and assets, note any care needs on the horizon, and bring your existing documents if you have them. Then schedule a consultation with our Boca Raton elder law team and we will tell you honestly where you stand and what your options are.

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