Florida Medicaid Planning Attorneys

What is Medicaid planning and why does it matter in Florida?

When a parent or spouse needs nursing home care, the monthly bill can easily reach $8,000 to $12,000 — or more. Most families cannot pay that for long. Medicare only covers short-term rehabilitation stays. After that, you're paying out of pocket until your savings are gone, at which point Medicaid steps in.

Medicaid planning is the legal process of arranging your finances so you can qualify for Medicaid sooner — and without losing everything you've spent a lifetime saving. Done correctly and within the rules, it is completely legal. Florida has specific Medicaid rules, and an elder law attorney who knows them can make a significant difference for your family.

Florida's five-year lookback period explained in plain English

When you apply for Florida Medicaid, the state looks back at every financial transaction you've made in the last five years. They're looking for gifts — money or property you transferred to someone else without receiving fair market value in return.

If Medicaid finds a disqualifying transfer, they calculate a penalty period: a number of months during which you must pay for your own care before Medicaid starts covering it. The penalty is based on the dollar amount transferred divided by the average monthly nursing home cost in Florida.

This does not mean you can never give your children anything. It means timing and structure matter, and an attorney can help you understand what transfers are safe and what to avoid.

What assets does Florida Medicaid count?

Florida Medicaid distinguishes between countable assets (which must be spent down) and exempt assets (which do not affect eligibility). Countable assets include checking and savings accounts, investment accounts, and most real estate other than your primary home.

Exempt assets typically include your primary home (up to $713,000 in equity in 2024), one vehicle, personal belongings, and certain prepaid funeral arrangements. A married couple also has spousal protection rules — the community spouse (the one not in a nursing home) gets to keep a significant portion of the couple's assets.

Is it too late to plan? The crisis scenario

Families often call an elder law attorney only after a parent has already been admitted to a nursing home and the bills have started arriving. This is called crisis planning, and it is harder — but not hopeless.

Even at this stage, there are legal strategies that can help protect assets and qualify for Medicaid faster than simply spending everything down. The sooner you consult an attorney, the more options you have.

What does a Medicaid planning attorney actually do?

A Florida elder law attorney who specializes in Medicaid planning will review your family's financial situation, explain your options, and implement a legal strategy to protect as much as possible while qualifying you for benefits. This may involve setting up trusts, restructuring assets, or advising on which transfers are safe within the lookback period.

Board certified elder law attorneys have passed rigorous testing by the Florida Board of Legal Specialization. NAELA members (National Academy of Elder Law Attorneys) have specialized training in this area. These credentials matter when the stakes are this high.

Frequently asked questions

What is Medicaid planning?

Medicaid planning is the process of legally arranging your finances so that you or a loved one can qualify for Medicaid to pay for long-term care, while preserving as much of your family's assets as possible.

What is Florida's five-year lookback period?

Florida Medicaid reviews all financial transactions made within the five years before you apply. Gifts or asset transfers during that window can create a penalty period that delays your Medicaid eligibility.

Is it too late to do Medicaid planning if someone is already in a nursing home?

Not necessarily. Crisis Medicaid planning — done after a nursing home admission — is possible in Florida. An experienced elder law attorney can often help families preserve a significant portion of their assets even at this stage.

How much does nursing home care cost in Florida?

In Florida, a private room in a nursing home typically costs $8,000 to $12,000 per month, depending on location and level of care. Memory care and specialized facilities often cost more.