Phone: 727-397-5571

Long-Term Care Medicaid and Asset Protection Planning

Our goal as a Life Care Planning law firm is to promote good health, safety and well-being of the elder/client. When appropriate and reasonable, we will engage in Medicaid planning. Medicaid is the government program to assist the needy with the extraordinary cost of medical care which includes nursing home and assisted living benefits.

All but the most simple cases will need an attorney's help to properly plan and protect the elder's assets in the face of nursing home and assisted living costs. We will help guide you through the public benefits maze, helping prioritize and protect assets in the correct way. With our team, you will have the right help understanding all of your options and the best way to proceed for your individual situation.

In order to receive these benefits, the following strict asset and income guidelines must be in place:


2019 Asset and Income Levels for Florida Long-Term Care Medicaid

We have ​a comprehensive and updated list of all Medicaid long-term care qualification numbers  


Quick Facts: Unravel Medicaid Myths for Your Elder

Myth: You must sell your home in order to become eligible for Medicaid.

Reality: An applicant's homestead is exempt if there is intent to return home, no matter how remote that possibility is. However, there are issues if the family will need to sell the home due to a loved one's extended stay in a long-term facility. The home has to be worth less than $585,00 as well (2019).

Myth: I am allowed to gift away up to $10,000 per year per person to enable me to become eligible for Medicaid.

Reality: The annual gift tax exclusion, which has increased to $15,000, is a matter of Federal estate and gift tax law. The Medicaid ineligibility period has nothing to do with this gift tax exemption. Outside of some very specific exemptions, no gifting of any kind is allowed within five years of a Medicaid application. Learn more about the Medicaid transfer penalty here.

Myth: If the applicant has joint bank accounts with a Medicaid applicant, the other owner can simply take the joint assets and the applicant will then become eligible.

Reality: This is a transfer that will cause periods of ineligibility, just like most other gifts of property (see above).

Myth: Medicaid patients receive lower or less treatment than do their private pay counterparts.

Reality: It is illegal to discriminate between public and private pay patients. People privately paying for nursing home care get the same quality of care that a Medicaid recipient does.

Myth: Even if asset protection planning is performed, the State gets everything upon my death.

Reality: It is true that Medicaid (i.e., the State of Florida) is a creditor in your estate, just like any other creditor. But, if you assets avoid the probate process, your creditors will have nothing to make a claim against. Also, your homestead property, usually the most valuable asset, is exempt from creditors under the Florida Constitution. Learn more about Medicaid pay back and asset recovery here.

Myth: I don't need an attorney to help with Medicaid.

Reality: The truth is that when the elder's income or assets are above the bare minimum, an attorney is indispensable to the application process. Good elder law attorneys can help legally protect assets, perform spend down planning and more.


Amazing Help in  Difficult Time

Our legal team is dedicated to helping our clients, and their families, in difficult times.  Board certified elder law attorney, D. "Rep" DeLoach, III and his staff are ready and willing to help you. If you have any questions or concerns that you'd like to discuss with us, give us a call or contact us online any time.

Download our Free Book!

If you want to learn more about Medicaid, Medicare, getting good care for your elder, asset protection and more, please download my free book, Protect Your Nest Egg from a Florida Nursing Home!

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