Florida Medicaid Lawyer

As a Florida Medicaid lawyer and Board-Certified Elder Law Attorney, I am often people's first point of entry into the long-term care system. People come to me with their worries and problems related to long-term care and incapacity planning.

Most people do not realize that Medicaid is not just for the poor or impoverished. Generally, my clients who need Medicaid planning are middle-class or upper-middle-class people who have saved their entire lives for retirement, only to be shocked and dismayed at the incredibly high cost of long-term care, including home health care, ALF care, and skilled nursing home care.

I help people not only afford these services but direct them to different community resources to make their lives better. This is a great honor.

Contact Elder Needs Law today to schedule a consultation.

Get Help Now. Your Family Cannot Afford to Wait.

Every month of delay in Medicaid planning can cost families thousands of dollars in out-of-pocket care costs. Whether your situation is urgent or you are planning ahead, the right time to call is now.

CALL US NOW AT (305) 931-0478 — Serving all of Florida, in person or remotely.

SCHEDULE A FREE CONSULTATION — We will review your situation and tell you exactly where you stand.

Medicaid Planning With an Attorney vs. Doing It Yourself

Families often wonder whether they need professional help or can navigate Medicaid on their own. This comparison answers that question directly.

‍

When Should I Meet With a Medicaid Lawyer

Sickness. Incapacity. Death. These are among the most difficult subjects to contemplate, yet some of the most universal. Money worries people. The news is riddled with talking heads discussing the stock market and economy. But statistically speaking, the most likely threat to your savings is not a recession but the much more likely need for long-term care services due to sickness and incapacity that come from old age.

A Florida Medicaid planning lawyer puts together strategies to help their clients pay the exorbitant costs associated with long-term care and protect their assets so they have something to pass onto their heirs.

The problem with the existing long-term care system in Florida is that the very wealthy can afford to privately pay for home health care, assisted living facility care, or skilled nursing home care. The indigent already qualifies for Medicaid's long-term care benefits. It is the middle class who gets the short end of the stick. These are the clients Elder Needs Law is best able to help, because we can put together strategies that will allow our clients to get long-term care benefits immediately or in the near future, rather than having to wait five years or having to lose everything first.

Medicaid planning allows us to create purchasing power, access resources, ensure a higher quality of care, bring dignity and preservation of independence in the face of incapacity, and preserve family savings and assets that can be passed down to the next generation.

‍

Real Client Scenarios. How Medicaid Planning Works in Practice

These are anonymized composite examples drawn from the types of cases we handle regularly. No identifying information is included.

Scenario 1. A Married Couple With a Home and Retirement Savings

A husband in his late 70s was diagnosed with Parkinson's disease and needed nursing home care. The couple had a home worth $380,000 and approximately $290,000 in combined savings and retirement accounts. The wife was healthy and still living at home.

Without planning, the couple would have been required to spend down their savings to $2,000 before Medicaid would cover the husband's nursing home costs, leaving the wife financially devastated.

With proper Medicaid planning, the wife was able to keep the home (fully exempt), retain her full Community Spouse Resource Allowance of $162,660, and use a Medicaid-compliant annuity to protect a significant portion of the remaining savings. The husband qualified for Medicaid nursing home coverage within weeks.

Scenario 2. A Single Adult With a Home and Too Much in the Bank

A widowed woman in her early 80s needed assisted living care. She had a home, a car, and approximately $180,000 in savings, all well above Medicaid's $2,000 countable asset limit.

Her adult children assumed she would need to sell the home and spend down all her savings before Medicaid would help. That assumption was wrong.

The home was exempt as her primary residence. Through a combination of a personal services contract, prepaid funeral arrangements, and a Medicaid spend-down strategy targeting allowable expenditures, she qualified for Florida Medicaid waiver benefits within two months while retaining meaningful assets for her family.

Scenario 3. A Family That Almost Made a Costly Mistake

An adult son called us after his mother received a $95,000 inheritance while already on Medicaid. He had already consulted with a general practice attorney who suggested she simply give the money to her children to stay under the $2,000 limit.

That advice would have been catastrophic. Giving away assets while on Medicaid is treated as a disqualifying transfer and triggers a penalty period of ineligibility. Instead, we worked with the family on a compliant strategy to preserve benefits and protect her care. See our full guide on receiving an inheritance while on Medicaid for how this type of situation is handled.

‍

Florida Medicaid Planning Eligibility in 2026

Medicaid applicants in Florida must meet the following standards to qualify for Medicaid Waiver or Medicaid ICP benefits.

• Must be a resident of Florida.
• Must be a US Citizen or Legal Resident Alien with a green card held for at least five years.
• Income test. The applicant must earn less than $2,982.00 per month as of January 2026. This number changes periodically. If over the income limit and married, the MMMNA test applies. If single or unable to divert income to a monthly spouse, a Miller Trust (also called a Qualified Income Trust) is required.
• Asset test. The applicant must have less than $2,000 in countable assets as of 2026. Certain assets are exempt. See our guide on Florida Medicaid exempt assets for the full breakdown.
• Needs test based on Activities of Daily Living. Florida Medicaid evaluates whether the applicant needs assistance with walking, transferring, dressing, bathing, feeding, and toileting. If one ADL requires assistance, Medicaid will not apply. If two ADLs require assistance, assisted living is appropriate. If three or more ADLs require assistance, the applicant will be deemed in need of chronic care or nursing home care. Dementia-related diagnoses are automatic qualifiers for the chronic care standard.

Florida Medicaid will only pay for those who meet the chronic level of care. Some who only require assisted living may qualify under a Florida Medicaid waiver program.

As a Board-Certified Elder Law Attorney focusing on Medicaid planning, I spend most of my time with clients who do not currently qualify because they would not pass the income and asset test. They are worth more than $2,000 or earn more than $2,982.00 per month. That is exactly who Elder Needs Law is built to help.

‍

Medicaid Planning Strategies We Use

Depending on your circumstances, there are several legal tools we use to qualify clients for Medicaid quickly and protect their assets. You do not have to wait five years. You do not have to go broke first.

Irrevocable Medicaid Asset Protection Trust For families planning ahead, an irrevocable trust can protect a home or significant assets from Medicaid while still allowing the grantor to benefit from the property during their lifetime.

Medicaid-Compliant Annuity Converts excess countable assets into an income stream that meets Medicaid requirements, effectively removing the lump sum from the asset calculation.

Personal Services Contract A legally structured caregiver agreement that converts countable assets into an allowable prepaid expense for future care services.

Medicaid Spend-Down Strategic, compliant reduction of countable assets using allowable expenditures. Done incorrectly, this triggers a five-year look-back penalty. Done correctly, it qualifies a client for Medicaid within months.

Qualified Income Trust (Miller Trust) Required for applicants whose income exceeds $2,982 per month. Redirects excess income so the applicant can remain Medicaid-eligible.

Protecting the Homestead Florida's homestead is generally exempt during the applicant's lifetime but remains at risk of Medicaid estate recovery after death. We structure plans to protect the home for your heirs.

‍

‍

Why Is Medicaid Different in Each State

Medicaid is a federal law that allows each participating state certain limited ways to deviate from the standards set federally. For example, federal law sets a range for what each state can set as its personal needs allowance, between $30 and $200 per month. In Florida, the nursing facility personal needs allowance is $160.00 per month.

Federal law also sets the range for the MMMNA and the CSRA. Click to read an updated summary of Important Florida Medicaid Numbers.

Federal Medicaid laws have been amended by the Medicare Catastrophic Coverage Act of 1988, the Omnibus Budget Reconciliation Act of 1993, and the Deficit Reduction Act of 2005.

While there are many more similarities than differences across state lines, it is in the client's best interest to consult with a Medicaid attorney in the state where they will be entering the nursing home. Your attorney can help you plan for Medicaid while ensuring compliance with state-specific regulations.

‍

‍

What to Bring to Your Initial Medicaid Planning Consultation

We encourage all family members involved in the care of our eventual client to attend the initial Medicaid planning consultation. We will be discussing subjects that impact the entire family, and key decision-makers need to be present so we can move forward without delay.

Request Our One-Page Medicaid Planning Worksheet

Our firm can send a short one-page worksheet that gives us an idea of the assets and income involved. This allows our team to think through which Medicaid planning strategies will make the most sense for your family before the first meeting.

If you proceed, you will eventually need to provide the following.

1. Financial information. Bank accounts, investment brokerage accounts, and retirement accounts including IRA, 401(k), and Roth IRA. The three most recent statements are needed for each.
   
   
2. Income sources. All sources of income for the applicant and the community spouse, with proof from the source.
   
   
3. Insurance policies. Life insurance face pages or declarations pages showing death benefit and cash value, long-term care insurance, and pre-need funeral plans.
   
   
4. Prior estate planning documents. Trusts with any amendments, last wills and testaments with any codicils, powers of attorney, health care surrogate designations, and living wills.
   
   
5. Real estate and legal documents. Deeds to real estate, business partnership agreements, and marital agreements.
   
   
6. List of immediate family members. Names, phone numbers, addresses, and email addresses.
   
   
7. Proof of citizenship. A Medicare card, passport, or birth certificate.
   
   
8. Health insurance cards. Private insurance, Medicare, and Medicare Supplement cards.
   
   
9. Shelter and utility expenses. Mortgage payments, homeowners insurance, property tax assessment, electric, water, and garbage bills.
   
   
10. VA documents. If applicable.
    
    
11. Debts. All debts and potential creditors must be disclosed, as Medicaid planning often involves retitling and transferring of assets.
    
    

All documents and information apply to both the Medicaid applicant and their spouse. Documents can be provided after the initial appointment. The most important thing is to show up so we can begin outlining a plan.

Contact us to get started today.

Frequently Asked Questions

Q. What does a Florida Medicaid planning lawyer do?

A. A Medicaid planning lawyer evaluates your income and assets, identifies which Medicaid program you are targeting, and designs a legal strategy to qualify you for benefits as quickly as possible while preserving as much of your wealth as the law permits. This includes structuring asset transfers, drafting trust documents, setting up personal services contracts, preparing annuity arrangements, and handling the actual Medicaid application. See our guide on what Medicaid planning actually involves for a deeper explanation.

Q. How much does a Medicaid planning attorney cost in Florida?

A. The cost depends on the complexity of your situation and the strategies required. While hiring an attorney is an additional expense, the cost of not hiring one is almost always far greater. A single month of private-pay nursing home care in Florida averages over $10,000. Mistakes including improper asset transfers that trigger the five-year look-back penalty can cost families months or years of unplanned out-of-pocket care expenses that proper planning would have prevented.

Q. Is Medicaid planning legal?

A. Yes, Medicaid planning is both legal and ethical. It is the process of reorganizing income and assets in a way that complies with Medicaid's rules so that a person can qualify for benefits they are lawfully entitled to. Elder Needs Law does not advise clients to hide assets or misrepresent their financial situation. Every strategy we use is transparent, compliant, and defensible.

Q. Do I really need to wait five years for Medicaid?

A. No, not in many cases. The five-year look-back period applies specifically to asset transfers made for less than fair market value. There are multiple legal Medicaid planning strategies that do not involve a five-year wait. At Elder Needs Law, we regularly help clients become financially eligible for Medicaid within weeks or months. The look-back is a risk if you act without guidance, not an automatic waiting period for everyone.

Q. What is the difference between Medicaid pre-planning and crisis planning?

A. Pre-planning happens before a care need arises, typically years in advance. It gives you access to the widest range of strategies including irrevocable trusts and the cleanest long-term asset protection. Crisis planning happens when a loved one already needs care now. The options are different but there are still powerful tools available, including compliant spend-down strategies, annuities, and personal services contracts that can qualify a person for Medicaid within weeks. Both situations are ones we handle every day. Read our full comparison of Medicaid pre-planning vs. crisis planning to understand which path applies to your family.

‍

Ready to Get Started

Elder Needs Law serves clients across the entire state of Florida, in person at any of our eight office locations or remotely from anywhere in Florida.

CALL US NOW AT (305) 931-0478

SCHEDULE YOUR CONSULTATION

Whether your situation is urgent or you are planning ahead, we are here to help. We care. We listen. We can help.

‍

‍

‍

Medicaid Blog Resources. Deep Dives on Every Topic

Use these guides to research your specific situation before or after your consultation.

Understanding Eligibility and the Rules

• What Is Medicaid Planning?
• Medicaid Asset Test and Income Test in Florida
• Florida Medicaid Exempt Assets
• Can I Keep Florida Medicaid if I Temporarily Have More Than $2,000?
• What Does Florida Long-Term Care Medicaid Cover?

Asset Protection and Planning Strategies

• Does a Revocable Trust Protect Assets From Medicaid?
• Qualifying for Medicaid With an IRA or 401(k)
• What Is a Personal Services Contract?
• How to Protect the Homestead
• Florida Medicaid Spend-Down
• How to Protect Your Assets From Medicaid Estate Recovery

The Look-Back Period and Transfers

• Medicaid Five-Year Look-Back
• Common Mistakes Florida Medicaid Applicants Make
• Can I Gift or Give Away Assets if I Am on Medicaid?

Specific Situations

• Receiving an Inheritance While on Medicaid
• Can I Sell a House and Keep Medicaid Benefits in Florida?
• What Happens if You Inherit Money While on Social Security Disability?

‍