Practice Area

Medicaid Planning

Helping Florida seniors and their families qualify for Medicaid long-term-care benefits without giving up everything they own — even when care is needed right now.

Why It Matters

Florida Medicaid pays for nursing-home care and certain home- and community-based services for people who meet strict income and asset rules. Without planning, families burn through life savings to qualify; with planning, much of what looks disqualifying can be repositioned, exempted, or sheltered.

Medicaid planning is fundamentally different from long-term care planning. Long-term care planning is what you do five years before care; Medicaid planning is what you do when care is needed now and the five-year lookback has not yet run. Different toolset, different urgency.

Florida is an income-cap state, which means we use a Qualified Income Trust (QIT, sometimes called a Miller Trust) to bring monthly income under the limit. Spousal allowances, homestead exemptions, and certain transfers to disabled or blind children are all on the table.

You may need this if you:

A parent or spouse is in (or about to enter) a nursing home
You are paying for care privately and watching the savings drop
Hospital discharge planning suggested skilled nursing or memory care
You have been told you have to spend down to qualify for Medicaid
You are a community spouse worried about your own financial security
There is a disabled or blind child the rules treat differently

Start Your Medicaid Intake

Our Services

What We Handle

Eligibility Assessment

We map your assets, your income, your spouse's situation, and the relevant transfers from the past five years. The result is a clear picture of where you stand under the current Medicaid rules.

Qualified Income Trust (QIT)

Florida's income cap requires a QIT for anyone over the limit. We set up the trust, choose a trustee, and coordinate with the bank that will hold the account.

Spousal Resource Allowance

The well spouse gets to keep a Community Spouse Resource Allowance. Done right, the allowance can be expanded — particularly when income is uneven between spouses.

Homestead & Transfer Strategies

Florida homestead is exempt from Medicaid asset counting, but transferring it the wrong way can trigger a penalty. We use exempt transfers (caretaker child, disabled child, sibling-with-equity) when they fit.

Application & DCF Liaison

We prepare the Medicaid application packet, gather the documentation, and respond to the Department of Children and Families. Most denials are paperwork denials — we keep them from happening.

Post-Eligibility Compliance

Once you are on Medicaid, an annual redetermination keeps it that way. We help families stay compliant and avoid losing benefits over a missed form.

Learn More

Common Questions

Medicaid Planning FAQs

How far in advance should I start Medicaid planning?

Ideally five years before care is needed, because of Medicaid's five-year lookback period. But if a parent or spouse needs care now, there are still legal strategies available even without that lead time. The tools are different, not unavailable.

Will I have to spend down everything before qualifying?

No. Florida exempts certain assets outright, including the homestead, one vehicle, and prepaid burial arrangements, and legal strategies exist to protect assets that would otherwise count against the limit. The right approach depends on your specific asset mix and family situation.

What is a Qualified Income Trust, and do I need one?

Florida is an income-cap state. If your gross monthly income is over the current limit, Medicaid will deny you outright unless your income is redirected through a Qualified Income Trust, sometimes called a Miller Trust. We set these up as part of the application process when they're needed.

Can my healthy spouse keep our home and some of our savings?

Yes. Florida protects the homestead and gives the community spouse a Community Spouse Resource Allowance, an amount of countable assets they can keep regardless of what happens to the applicant spouse's share. We calculate the actual allowance based on your numbers.

Prefer to talk it through first?

Give us a call — we’re happy to answer questions before you start your intake.

(239) 345-4545