Elder Law Attorneys – Creating Peace of Mind for All Generations

Nursing Home Planning

Experienced Nursing Home Planning Attorney
in Florida

As we age, the need for long-term care becomes a reality for many individuals and their families. Nursing homes provide essential medical and personal care services for seniors who can no longer live independently. However, the cost of nursing home care is extremely high, and without proper planning, families may face financial devastation trying to cover the expenses.

At Elderly Care Law Firm, we help families plan for nursing home care in a way that protects their assets, qualifies them for Medicaid when necessary, and ensures their loved ones receive the best care possible. Whether you are planning ahead or facing an urgent nursing home placement, our legal team can guide you through the process.

How Much Does Nursing Home Care Cost in Florida?

Nursing home care in Florida is expensive, and costs continue to rise each year. According to the 2025 Genworth Cost of Care Survey, the average monthly costs are:

  • Semi-private nursing home room: $9,500 per month
  • Private nursing home room: $11,000+ per month

For many families, these costs are impossible to afford without financial assistance. That’s why nursing home planning is essential—it helps seniors receive care without losing everything they’ve worked for.

How Can Medicaid Help Pay for a Nursing Home?

Medicaid is one of the primary ways seniors in Florida pay for nursing home care. However, qualifying for Medicaid is not simple due to strict income and asset limits.

In 2025, the Medicaid eligibility rules require that:

  • A single applicant have less than $2,829 in monthly income
  • The applicant have less than $2,000 in countable assets
  • The applicant meet the medical need requirement (assistance with daily activities)

If an individual has too much income or too many assets, they will not qualify for Medicaid unless proper planning is done.

How to Protect Assets While Qualifying for Medicaid

Many people believe they have to spend all their money before applying for Medicaid, but this is not true. With the right legal strategies, individuals can qualify for Medicaid without going broke. Some of these strategies include:

  • Using a Medicaid Asset Protection Trust to safeguard savings and property
  • Transferring assets into a Medicaid-compliant annuity to reduce countable resources
  • Utilizing a Lady Bird Deed to protect a family home from Medicaid recovery
  • Creating a caregiver agreement to compensate family members for providing care
  • Spending down assets legally on exempt expenses such as home improvements, medical needs, or funeral prepayments

Because Medicaid has a five-year look-back period, improper asset transfers can lead to penalties. That’s why working with a Medicaid planning attorney is critical for avoiding mistakes and ensuring eligibility.

What Happens If a Spouse Needs Nursing Home Care?

A major concern for many married couples is what happens if one spouse needs nursing home care while the other remains at home. Florida Medicaid rules allow protections for the healthy spouse, including:

  • Allowing the at-home spouse to keep assets
  • Providing a monthly income allowance so the healthy spouse has enough to live on
  • Permitting the use of legal tools such as spousal refusal to protect additional resources

Can Medicaid Take Your House?

Medicaid’s estate recovery program allows the state to recover funds from a deceased person’s estate to reimburse nursing home costs. This often means placing a claim on the home if it is still in the person’s name at death.

However, families can legally protect their home from Medicaid recovery using:

  • A Lady Bird Deed (Enhanced Life Estate Deed) to transfer ownership automatically upon death
  • A properly structured irrevocable trust
  • Legal planning to ensure a spouse or disabled child remains in the home

How Can an Attorney Help with Nursing Home Planning?

Without proper planning, nursing home costs can wipe out a person’s life savings. At Elderly Care Law Firm, we:

  • Help clients qualify for Medicaid without losing everything
  • Ensure a spouse remains financially secure while the other receives care
  • Protect homes, savings, and other assets from Medicaid estate recovery
  • Assist with Medicaid applications and appeals to prevent unnecessary denials

If you or a loved one needs nursing home care, call Elderly Care Law Firm at (305) 564-6606 today for a consultation. The sooner you plan, the more options you have to secure care while protecting your family’s financial future.

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Sherrie Lim

Client Services Coordinator

Sherrie Ann Lim brings over twelve years of customer service experience and a strong background in team leadership and client support. Although she holds a Bachelor of Science degree in Physical Therapy, her career path led her to the dynamic world of the contact center industry, where she discovered a deep passion for service, communication, and operational excellence. 

Sherrie is known for her perseverance, enthusiasm, and confident sense of responsibility. She consistently delivers high-quality results, efficiently managing tasks while remaining flexible to the evolving needs of her clients. Her commitment to continuous improvement and excellence positions her as a trusted ally for businesses seeking proactive and reliable virtual support. 

Drawing from her college background, Sherrie has a deeper understanding of the physical and emotional needs associated with aging, making her especially attuned to the importance of compassionate and informed care for the elderly. She recognizes that elder care isn’t just about physical support, it also involves emotional presence, patience, and clear communication. Her strong appreciation for family ties fuels her commitment to helping clients manage the intricacies of elder care with empathy and attentiveness, ensuring that elderly loved ones feel respected, safe, and truly cared for. 

 

She loves taking care of her family during her rest days and free time, finding joy in the simple yet meaningful routines of home life. Whether it’s preparing home-cooked meals, baking sweet treats for her kids, or tackling household projects, Sherrie finds fulfillment in creating a nurturing and organized environment for her family. Whenever time and opportunity allow, she also enjoys traveling with her family, exploring new places, creating lasting memories, and embracing experiences that strengthen their bond and bring joy into their lives. 

Fun Fact: Sherrie’s two kids were born on the exact same date—two years apart! 

May Cruz

Client Services Coordinator

May began her community service career with the Philippine Department of Health as a Computer Operator, providing vital technical support to healthcare workers across island provinces and helping to bridge technology gaps in remote medical settings. Her commitment to service extended beyond her official duties—she also volunteered in medical missions, assisting indigenous communities and contributing to the delivery of essential healthcare with empathy and cultural sensitivity. 

Continuing her dedication to public service, May later worked at a law firm as a Disability Service Coordinator, assisting military veterans in navigating disability services. She brought empathy, compassion, and heart to the role, ensuring that each veteran felt heard, respected, and supported throughout the process. 

With a unique blend of technical expertise and human-centered care, May remains deeply committed to using her skills to uplift underserved and vulnerable communities. 

Fun Fact: Despite not knowing how to swim, May is a certified open water diver. Her adventurous spirit and determination push her beyond her comfort zone—both in life and under the sea.