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

Let Our Experienced Asset Preservation 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

Over one-half of Americans will spend some time in a nursing home. The average monthly cost of a semi-private room in a nursing home is $8,000.00.  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 $8,000.00 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 qualify and 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 $96,000.00 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 Preservation 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 preserve your assets from long-term care expenses.

In order to qualify for the Medicaid Institutional Care Program (ICP) 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 assist family members in an assisted living facility and at home.

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-Dade, Broward County and Palm Beach County, however, we frequently assist clients in all Florida counties.

Barbara Buxton, Esquire has been a Florida Elder Law and Estate Planning attorney in the Miami, Fort Lauderdale and Palm Beach area for over 20 years. She focuses on Florida elder law, Florida Medicaid planning & eligibility, Florida probate, asset preservation, 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 preservation attorney, elder law attorney, estate planning attorney, trust lawyer and probate attorney in Miami-Dade, Broward and West Palm Beach, Florida.

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.