The Law Offices of Barbara Buxton, P.A. Serving South Florida 305-932-2293
Broward, Miami-Dade, Palm Beach Cnty.

Asset Protection & Florida Medicaid Planning in Miami Dade, Palm Beach, Broward County, and all Florida Counties

Let Our Experienced Asset Protection and Florida Medicaid Planning Lawyer Help You Legally Protect Your Assets From a Long Nursing Home Stay and Long-term Care Costs.

It's Never Too Late or Too Early to Plan: Call 305-932-2293 or 954-760-7077

For almost 20 years we have successfully helped families prepare for the cost of long-term care, preserve their assets and qualify for Florida Nursing Home Medicaid benefits and Assisted Living public benefits

Nearly 60% of Americans will spend some time in a nursing home. As life expectancies and long term care costs continue to rise, many families now face the challenge of how to pay for these services. Unfortunately, most people are not aware that Medicare and private Medicare supplement insurance do not cover the cost of long term care. In fact, Medicare provides for short term assistance with nursing home costs, up to 100 days of coverage, but only if you meet the strict qualification rules.

What Pays The $6,000 Monthly Nursing Home Bill?

  • Private Pay
  • Long-Term Care Insurance
  • Florida Medicaid

Although long term care insurance is a great alternative for those who can afford such coverage, the high cost of a good policy may be out of reach for many elderly people. Since the nursing home costs in Miami-Dade, Broward and Palm Beach County average $60,000 or more per year, long term care and nursing home costs can quickly drain your life savings in months, not years. Consequently, the financial security of the spouse that is still at home may be jeopardized to pay for the nursing home costs.

The primary alternative for many people to pay for nursing home care is the Florida Medicaid program, which is a federally funded program administered by the states. By designing a thorough Medicaid and Asset Protection plan, financial security and peace of mind can be ensured for the spouse living in the community (Community Spouse) and a legacy can be preserved for children. Without a sophisticated plan the community spouse may not be able to maintain his or her standard of living. It is important to understand and investigate the above options to know what will best protect your assets from long-term care expenses.

In order to qualify for Medicaid ICP Benefits in Florida, the individual must meet the following criteria:

  • Florida resident and U.S. citizen or a qualified alien
  • 65 years of age or blind or disabled
  • Medical Need -This means the individual has the inability, without assistance, to perform at least three of the five activities of daily living including walking and standing by oneself, dressing oneself, feeding oneself, and toiletry and bathing. The Department of Elder Affairs CARES field office must determine the institutional care level and the individual must be placed in a Medicaid certified facility that provides the required level of care.
  • Income and Asset limit-The individual must meet the income cap and asset limit. These asset limits are different for single and married applicants. There are also assets that are not considered when applying for Medicaid.

Although many people may be told that they must “spend down” their loved ones’ assets or that their loved ones must be impoverished before they are eligible for Florida Medicaid benefits, planning opportunities exist whereby a person can legally restructure his or her financial situation to qualify for Florida Medicaid for nursing home care.

By qualifying for Florida Medicaid benefits, the applicant will be covered for nursing home expenses, drugs, doctors, and medical equipment. Therefore, qualifying for Florida Medicaid can be worth $60,000.00 a year or more in benefits to the applicant and/or his or her spouse and family. Currently, there are also government programs that can also assist family members in an assisted living facility.

The Florida Medicaid rules for eligibility are confusing and complicated. It is important that planning for Medicaid is only done with a qualified Florida Elder Law & Medicaid Attorney so that the strategies used are best suited for your family's individual situation. By waiting to get expert advice, or not getting it at all, you may spend more money than you should, thus jeopardizing your family's security.

Do not let your life savings be spent on long-term care costs. Act now!

Please refer to the section Florida Medicaid Planning and Eligibility for more information about how our firm can help you qualify for government programs to pay for nursing homes and long-term care. As a Florida Elder Law Attorney and Florida Medicaid Lawyer, Barbara Buxton welcomes you to contact our office if you or a family member needs legal assistance with nursing home care, Florida Medicaid benefits, a Qualified Income Trust or long-term care planning, and would like to schedule an appointment with an attorney to have your situation evaluated. We focus on nursing home care, Florida Medicaid benefits, Qualified Income Trusts and elder law in Miami, Broward County and Palm Beach County, however, we frequently assist clients in all Florida counties.

Please call our office at 305-932-2293 in the Miami area or 954-760-7077 in the Broward County-Fort Lauderdale area to discuss how our law firm can serve you. If you live in another area of Florida or Out-of-state, please email our office and we will promptly call you. Telephone appointments and Home and Hospital appointments are available.

Please ask about our office locations in Broward and Palm Beach Counties. Our main office is conveniently located in Aventura, Florida, between Miami in Dade County and Fort Lauderdale in Broward County. The office is on Biscayne Boulevard between the Hallandale Beach Boulevard exit and the Ives Dairy Road exit off of I-95.

Barbara Buxton, Esquire has been a Florida Elder Law and Estate Planning attorney in the Miami, Fort Lauderdale and Palm Beach area for over 15 years. She focuses on Florida elder law, Florida Medicaid planning & eligibility, Florida probate, asset protection, estate planning, trusts & estates, wills, and litigation related to these areas. With a Master of Laws in Estate Planning degree (LL.M.), Ms. Buxton is an experienced Florida Medicaid attorney, asset protection attorney, elder law attorney, estate planning attorney, trust lawyer and probate attorney in Miami, Fort Lauderdale and Palm Beach, Florida.

Home and Hospital appointments are limited to Miami-Dade, Broward and Palm Beach Counties, including Aventura, Miami, Miami Beach, Ft Lauderdale, Hallandale, Hollywood, Weston, Plantation, Coconut Creek, Tamarac, Deerfield Beach, Boca Raton and Delray Beach for Florida Medicaid Planning and Nursing Home Medicaid, Elder Law, Qualified Income Trusts, Estate Planning, Asset Protection planning, Special Needs Trusts, Florida Wills, Trusts, Estates, Powers of Attorney, Pre and Post-Nuptial Agreements, Living Wills, Guardianships, Probate, Contract or Real Estate matters.

Florida Medicaid Planning and Elder Law Representation in South Florida:

Miami-Dade County: Please call 305-932-2293 if you would like assistance with Florida elder law, nursing home care, Qualified Income Trust or Florida Medicaid benefits in Miami-Dade County, Florida. From within the Tri-county area our law firm represents clients from Broward, Miami-Dade and Palm Beach Counties. Miami-Dade County, Florida cities include: Aventura, Bal Harbour, Coconut Grove, Coral Gables, Golden Beach, Miami, Miami Beach, Miami Lakes, Miami Shores, Miami Springs, North Miami, North Miami Beach, Sunny Isles and Surfside, Florida.

Broward County: Please call 954-760-7077 if you would like an attorney to assist you with Florida elder law, nursing home care, Qualified Income Trust or Florida Medicaid benefits in Broward County, Florida. Broward County, Florida cities are: Coconut Creek, Cooper City, Coral Springs, Dania Beach, Davie, Deerfield Beach, Fort Lauderdale, Ft Lauderdale, Hallandale Beach, Hollywood, Lauderhill, Lauderdale Lakes, Lighthouse Point, Margate, Miramar, Oakland Park, Pembroke Pines, Plantation, Pompano Beach, Sunrise, Tamarac, Weston and Wilton Manors, Florida.

Palm Beach County: Please call email if you would like a lawyer to assist you with Florida elder law, nursing home care, Qualified Income Trust or Florida Medicaid benefits in Palm Beach County, Florida or any Florida County. Palm Beach County, Florida is comprised of Boca Raton, Boynton Beach, Delray Beach, Greenacres, Jupiter, Lake Worth, Lantana, Palm Beach, Palm Beach Gardens, Royal Palm Beach and West Palm Beach, Florida.

Aventura Corporate Center
20801 Biscayne Boulevard
Suite 400
Miami, FL 33180

305-932-2293 Miami-Dade County
954-760-7077 Broward County