Medicaid Planning
DEDICATED LEGAL COUNSEL HELPING YOU OR YOUR LOVED ONE QUALIFY FOR MEDICAID IN FLORIDA.
What Is Medicaid Planning?
Long term care Medicaid planning is the legal process of organizing your finances so you can qualify for Medicaid in Florida while protecting as much of your life's work as possible. This is not about hiding assets. It is a lawful, ethical practice built into Florida and federal law, using tools regulators created for families in these types of situations. For most families, the real risk isn't planning. The risk is not planning, and losing savings to costs proper guidance could have protected. Medicaid planning is responsible stewardship of what you've built, and we can help you do it the right way.
What a Medicaid Planning Attorney Does For You
At Ambassador Law, we assess your Medicaid eligibility across income, assets, and level of care, then build a plan around your specific picture. That may include a Qualified Income Trust (Miller Trust), an Irrevocable Medicaid Asset Protection Trust, a Lady Bird Deed, or powers of attorney with Medicaid-specific authority.
We prepare and submit your application to the Florida Department of Children and Families, respond to document requests, and handle appeals if a denial occurs. A single misstep, an unprotected transfer, a missed exemption, or an incomplete application can cost months of delay or thousands in unnecessary spend down.
Who qualifies for Medicaid in Florida?
Florida Medicaid eligibility for long-term care rests on three pillars:
Clinical level of care: A documented need for nursing-home-level care.
Income limits: For 2026, gross monthly income must generally fall under $2,982 for a single applicant. Florida is an income-cap state, so exceeding this may not necessarily disqualify you. However, a Qualified Income Trust may be needed if maximum income levels are exceeded.
Asset limits: A single applicant may retain $2,000 in countable assets. A healthy spouse may keep up to $162,660 under Florida's Community Spouse Resource Allowance.
These figures change annually. We confirm current numbers before every case.
Countable vs. Exempt Assets in Florida
Not everything you own counts against you. Countable assets, the ones Florida Medicaid measures against the limit, include bank accounts, investments, and secondary property. Exempt assets, the ones protected regardless of value, typically include your primary home (up to a home equity cap), one vehicle, personal belongings, household goods, and a prepaid burial or funeral arrangement.
This distinction is where most of the anxiety lives, and where most of the opportunity lives too. Many families assume they must spend down everything before qualifying. Thoughtful planning can convert countable assets into exempt or non-countable ones, lawfully and well before crisis hits, preserving far more than you may think possible.
Crisis Planning vs. Advance Planning
Advance planning happens years before care is needed, when there's time to structure assets and protect a full range of options. Crisis planning happens when a loved one is already in a Florida nursing home or facility, or admission is imminent. It is a myth that nothing can be done at this stage.
Even in crisis, Florida law provides legitimate strategies. Spousal protections, exempt asset conversions, and properly structured trusts can still preserve significant assets, even after a diagnosis or hospital admission. The five-year look-back period makes early guidance ideal, but it does not close every door.
Facing a sudden need for care?
Common Medicaid planning documents in Florida:
Qualified Income Trust (Miller Trust): Allows applicants whose income exceeds Florida's cap to still qualify.
Irrevocable Medicaid Asset Protection Trust: Shelters assets from the countable calculation while preserving them for your family.
Lady Bird Deed: Transfers your Florida home to heirs at death while avoiding probate and may preserve Medicaid exemption during life.
Durable Power of Attorney (Medicaid-specific): Authorizes a trusted agent to execute planning strategies on your behalf.
Personal Services Contract: Compensates a family caregiver for services rendered, converting countable assets into fair payment for care.
The Florida Medicaid Application Process
Please, do not rush to file a Medicaid application. A rushed or incomplete application is one of the most common reasons for delay and denial, and mistakes here can cost your family months of care coverage.
The Florida Department of Children and Families (DCF) processes all applications and typically requires extensive documentation: income statements, asset verification, medical records, and proof of any asset transfers within the five year lookback period. Common reasons for denial include missing documentation, unreported transfers, and assets that exceed the limit without a compliant planning strategy in place.
We manage the entire process for you, from pre-application planning through submission, follow-up requests, and appeals if needed, so nothing is left to chance.
Florida Medicaid Planning FAQs
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You can apply on your own, but the rules are complex, and a mistake can delay approval or unnecessarily cost you your assets. A Florida elder law attorney helps you prepare your legal and financial picture correctly before you apply.
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Not automatically. There are legal protections and planning strategies that may allow you to keep your home while still qualifying for Medicaid benefits in Florida. This is exactly where an elder law attorney makes a meaningful difference.
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Gifts made within five years of applying can trigger a penalty period of ineligibility in Florida. Any transfer strategy should be reviewed by an attorney first.
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You have the right to appeal. Many denials stem from documentation issues or planning gaps we can help you address.
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Timelines vary, but incomplete applications can be a cause of delay. A properly prepared application done with a trusted Medicaid Planning attorney can assist in the application process moving faster.
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No. The home is generally exempt while a spouse resides there, regardless of the Medicaid applicant's status.
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Florida DCF reviews financial transactions from the 60 months preceding your application. Transfers made for less than fair value during that window can delay eligibility.