Paying for long-term care is one of the biggest financial challenges seniors face. Nursing homes, assisted living facilities, and in-home care services can cost thousands of dollars per month, quickly draining a lifetime of savings. Many families believe they have no choice but to spend all their money before applying for Medicaid, but this isn’t true. With proper Medicaid planning, seniors can qualify for long-term care assistance while legally protecting their assets.

At Elderly Care Law Firm, we help individuals and families navigate Florida’s complex Medicaid system, ensuring they receive the care they need without sacrificing their financial security. Whether you are planning ahead or need immediate Medicaid assistance, our legal team can create a customized strategy that works for you.

What is Medicaid Planning?

Medicaid planning is the legal process of ensuring that a person qualifies for Medicaid benefits while preserving their home, savings, and other assets. Medicaid has strict income and asset limits, and without the right strategy, many seniors risk being denied benefits or forced to spend their money before they qualify. Proper planning helps families:

• Qualify for Medicaid sooner
• Keep their home and assets safe from Medicaid estate recovery
• Ensure a healthy spouse is financially stable
• Prevent costly mistakes that could delay benefits

Medicaid planning is essential for those who want to protect their wealth and still receive the care they need. The best time to start is before a crisis, but even if a loved one is already in a nursing home, there are still ways to get Medicaid assistance.

Who Qualifies for Medicaid Long-Term Care in Florida?

To qualify for Florida Medicaid in 2025, an applicant must:

• Have an income below $2,829 per month
• Have less than $2,000 in countable assets 
• Meet the medical necessity requirements, meaning they need assistance with daily activities such as bathing, eating, or mobility

If someone has too many assets or too much income, they may be denied Medicaid unless they take the right legal steps to become eligible.

What Happens If Someone Has Too Many Assets?

A common concern is what to do when a senior has more assets than Medicaid allows. Many people assume they can simply give away money to their children to qualify for benefits, but this can lead to serious problems. Medicaid has a five-year look-back period, meaning any gifts or transfers within five years of applying could result in penalties and delays.

However, there are legal strategies to protect assets while still qualifying for Medicaid, such as:

• Setting up a Medicaid Asset Protection Trust
• Transferring money into a Medicaid-compliant annuity
• Paying family members for caregiving services under a legal caregiver contract
• Spending down assets in Medicaid-approved ways
• Others

By using these legal tools, individuals can secure Medicaid benefits without having to deplete their entire life savings.

Does Medicaid Take Your House After You Die?

Many people worry about whether Medicaid will take their home after they pass away. Medicaid’s estate recovery program allows the state to seek reimbursement for long-term care expenses from the deceased person’s estate. This often means placing a claim on the home if it is still in their name.

The good news is that there are ways to prevent Medicaid from taking a home, including:

• Using a Lady Bird Deed, which allows the home to pass directly to heirs without going through probate
• Placing the home in an irrevocable trust before applying for Medicaid
• Ensuring that a surviving spouse or disabled child remains in the home

These legal strategies can help families avoid Medicaid estate recovery and keep their property in the family.

Common Medicaid Planning Mistakes

One of the biggest mistakes families make is waiting too long to start Medicaid planning. Many people assume they need to spend all their money before applying, not realizing there are legal ways to protect assets. Other common mistakes include:

• Giving away money without considering the five-year look-back period
• Selling assets that could have been protected
• Not setting up a proper trust before applying for Medicaid
• Failing to use a Medicaid-compliant annuity to reduce income
• Assuming a will or simple estate plan is enough to qualify for benefits

Medicaid rules are complicated, and small errors can lead to months or even years of delays. That’s why working with an experienced Medicaid planning attorney is essential to avoid costly mistakes.

How Can an Attorney Help with Medicaid Planning?

Qualifying for Medicaid is not as simple as filling out an application. Without proper legal guidance, many seniors are denied benefits or end up losing their assets unnecessarily. At Elderly Care Law Firm, we provide comprehensive Medicaid planning services to:

• Create a customized plan to qualify for Medicaid while keeping assets protected
• Set up Medicaid-compliant trusts and annuities to avoid disqualification
• Assist with Medicaid applications to prevent errors and denials
• Ensure spouses and families are financially secure while receiving care

If you or a loved one needs long-term care and wants to qualify for Medicaid without losing everything, call Elderly Care Law Firm at (305) 836-4697 today for a consultation. Planning ahead can make all the difference in securing care while preserving your financial future.