When Should You Consider Hiring an Elder Care Lawyer?
As a Florida Medicaid lawyer who has handled hundreds of medicaid planning matters, our office helps those with too much income or assets, to qualify for Medicaid long-term care services. Medicaid will pay for some (home health aides, ALF costs) or all (nursing home care) long-term care costs.
As an experienced elder law attorney, I can legally and ethically protect your assets using a combination of Medicaid planning strategies. Two of the more common strategies are discussed below. However there are over a dozen ways to protect your, or your elderly loved one's assets against the significant cost of their long-term care.
Miller Trust | Qualified Income Trust
Qualified Income Trusts (also known as Miller Trusts) are used to assist those who earn too much income per month to naturally qualify for Medicaid, but not enough to cover all of their long-term care expenses (staying at home, moving into an assisted living facility, or requiring nursing home care).
As of 2018, the Medicaid income cap is: $2,250.00. Those earning more would need to place the excess in a properly-drafted Miller Trust.
Personal Services Contract | Family Caregiver Agreement
Personal Services Contracts are also known as family caregiver agreements. This is a technique utilized by elder care attorneys to get money to a close family member or friend who is assisting the Medicaid applicant.
A properly drafted personal services contract will avoid triggering the Medicaid five-year lookback period and protect against Medicaid estate recovery.
Speak to an Experienced Florida Medicaid Planning Attorney
Medicaid is not just for the poor. You do not need to wait five years!
Federal law allows people to protect their assets (making it more likely that they will lead a higher quality of life & more likely to have assets to pass onto their heirs) if they plan properly. There is no magic wand and all Medicaid planning strategies have pros and cons. This is why its worth your while to meet with an experienced Florida Medicaid Planning Attorney to figure out the best plan for your unique set of circumtances.
Please fill out the form at the top of your screen or call 305.931.0478 to set up a consultation today.
Jason Neufeld is an experienced Florida Elder Law Attorney who has published a guide for non-lawyers called
How to Get Medicaid to Pay for Some or All of Your Long Term Care Expenses:
- Without Having to Wait 5 Years;
- Without Having to Sell the House; and
- Without Having to Go Broke First.
It is available for purchase on Amazon.com in paperback or kindle.