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Medicaid and Asset Protection Planning in Florida

Medicaid can be very helpful to help pay for your loved one’s long-term care in Florida. Long-term care can be very expensive, sometimes exceeding $10,000 per month for nursing home care. Few can afford to pay these costs for any length of time. The good thing is that our social safety net extends Medicaid to help pay for long-term care for our elderly and disabled population.

Accessing Medicaid for your loved one’s long-term care can be confusing and difficult in the best of circumstances. This means that hiring a board certified elder law attorney to assist you and your loved one's Medicaid application can be integral to the process.

2021 Asset and Income Levels for Florida Long-Term Care Medicaid

 Assets allowed for single applicant


 Assets allowed for the community spouse


 Gross income for the Medicaid applicant

Less than $2,382* per month 

 Gross income for the community spouse


 Minimum Spousal income diversion

$2,178/month (until 6/30/22) 

 Maximum Spousal income diversion

$3,260/month (until 6/30/22) 

 Exempt value of home (single person)


 Transfer Penalty Divisor

 $9,703/month as of 03/21 

Community Spouse Excess Shelter


Personal Needs Allowance 


Medicare Rehab Co-Pay (days 21-100)**


Medicare Part B Premium

$148.50/month for most people 

 *If income is higher, a qualified income trust will be required.

**Some, but not all, "Medi-Gap" plans pay for the this co-pay while elder in rehab

See our 2021 Nursing Home Reference Guide

It is Never Too Late to Plan

Most people think that if your loved one does not protect assets within 5 years of going into the nursing home (i.e., the Medicaid transfer penalty), there is nothing that can be done to protect assets.  But that is wrong!  While protecting assets from the high costs of nursing home or assisted living can be difficult, it can be done even when your loved one is already in long-term care.  There are a variety of ways to protect your assets from the nursing home as explained here. If you would to learn more about Medicaid in Florida, Veterans Benefits or asset protection planning, please come to one of our informational free seminars.

Has your Elder Just Gone to the Nursing Home?

If your loved one has had a recent downturn in health, you will definitely have a lot of questions. This short guide should help answer some questions you have on Medicare, Medicaid and more. Also, you may want to learn more about Florida Medicaid Spend Down Planning as well. 

Qualified Income Trusts

Applying for Medicaid in Florida can be very difficult.  There are both income and asset issues in any application. If the applicant's gross income exceeds the applicable limits, a Qualified Income Trust may be necessary. Learn more about legally lowering the applicant's income with a Qualified Income Trust.

What about Income for the Spouse at Home?

Nothing about long-term care Medicaid is easy and the problems compound when there is a spouse at home. We have more on the spousal income rules and calculating the spousal diversion on this page.

Medicaid to Help Pay for the Assisted Living Facility

Most of us would rather never live in a nursing home, but living in a good assisted living facility as we age can be great for the elder and the family. Learn more about how Florida Medicaid can help pay for assisted living Medicaid.

Asset Gifting, the Look-Back Period and Transfer Penalty

Transferring assets away within five years of a Medicaid application can create a transfer penalty, rendering the elder ineligible for Medicaid for a set period of time. This link can teach you more about calculating the Florida Medicaid transfer penalty.

Watch My Seminar on Medicaid

Whether you are looking to help your elder or protect your own assets from the high cost of nursing home care, you can watch my on-line seminar (presented before COVID-19) to learn more. In our seminar we discuss the following matters:

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Download our Book on Florida Elder Law!

If you or your loved one is in a nursing home now, or you are trying to help a loved one, our free book will help you make the right decisions in a difficult situation. Don't Lose Your Nest Egg to a Florida Nursing Home is indispensable reading for anyone helping their loved ones and for those who want to protect their own assets from the high cost of long-term care.