Medicaid Crisis Planning Lawyer in Florida
Protecting assets in the midst of a care crisis
When the need for long-term care arises suddenly, families are often left scrambling to cover costs while worrying about protecting what they’ve built. At Berg Bryant Elder Law Group, our Florida attorneys step in quickly to create strategies that may preserve assets and secure Medicaid eligibility, even in emergency situations. We focus on swift, practical solutions that give families relief during some of life’s most stressful moments.
A sudden illness, accident, or diagnosis can throw your family into crisis mode. With nursing home costs in Florida averaging $13,000 per month, most families simply can’t afford long-term care without help. At Berg Bryant Elder Law Group, our Medicaid crisis planning lawyer in Florida helps families find immediate solutions to pay for care while protecting as many assets as possible.
We know time is critical. Our team works quickly to create and implement a plan to get your loved one the care they need without losing everything.
Medicaid crisis planning is taking quick action to help someone qualify for Medicaid when they suddenly need nursing home care or long-term care but have too many assets to qualify for benefits. Unlike pre-planning for Medicaid, which happens years in advance, crisis planning addresses an urgent need for care right now.
A Florida Medicaid crisis planning attorney can help you:
Many people think they must spend all their money before qualifying for Medicaid. This isn’t true.
When someone suddenly needs long-term care, families must act quickly. Here are the key steps we take to protect assets while securing Medicaid benefits:
First, we carefully review all assets and income to determine what counts toward Medicaid eligibility. We identify:
Based on your specific situation, we develop legal strategies to protect as many assets as possible:
For assets that can’t be protected through other methods, we create a plan to “spend down” in ways that benefit your family:
We handle the entire application process to ensure accuracy and avoid delays:
Even during a crisis, we look ahead to protect assets long-term:
By following these steps with the guidance of a knowledgeable Medicaid crisis planning attorney, families can save thousands of dollars while ensuring their loved one gets the care they need.
To qualify for Medicaid long-term care in Florida, applicants must meet both medical and financial requirements:
The person must need a nursing home level of care, as determined by a CARES assessment. This means they need substantial help with everyday activities like bathing, dressing, eating, or managing medications.
As of 2025, Florida Medicaid has strict limits:
Meeting these limits quickly and legally requires careful planning, especially when someone has more assets than allowed.
Duval County
Clay County
St. Johns County
When facing an immediate need for nursing home care, these legal strategies can help protect assets while qualifying for Medicaid:
A Medicaid-compliant annuity converts a lump sum of money into a stream of income that meets specific requirements under federal Medicaid laws. This strategy works especially well for married couples, allowing the healthy spouse to keep assets while the ill spouse qualifies for benefits.
Not all assets count against Medicaid limits. Money spent on certain exempt items won’t delay eligibility:
These legal agreements allow family members to be paid for providing care services. When properly structured, these contracts can protect assets while compensating family caregivers for their time and effort.
For people whose income exceeds Florida’s limit but is still less than the cost of care, a Qualified Income Trust (also called a Miller Trust) can help them qualify. This special trust holds excess income so it won’t count against eligibility limits.
In Florida, your home is generally exempt from Medicaid calculations if:
However, after a Medicaid recipient passes away, Florida may try to recover benefits paid from the estate. Our attorneys can help protect your home from this “estate recovery” process.
Every day counts when applying for Medicaid in a crisis. Here’s why:
Working with a Medicaid crisis planning attorney as soon as possible after a health emergency can save thousands of dollars and protect significantly more assets.
At Berg Bryant Elder Law Group, we know that facing a long-term care crisis is overwhelming. Our compassionate team guides you through each step of the process, explaining your options in plain language and handling the complex legal work while you focus on your loved one’s care.
Our Florida Board Certified Elder Law Attorneys bring specialized knowledge to crisis Medicaid planning, helping you protect what matters most during difficult times.
Don’t face this challenge alone. Contact us today to schedule a consultation and learn how we can help you secure Medicaid benefits while preserving your family’s financial security.
No, it’s never too late. Even if your loved one is already in a nursing home and running out of money, we can still implement strategies to protect some assets and speed up Medicaid eligibility.
While some facilities offer basic application assistance, they don’t provide legal advice or asset protection strategies. Their main concern is getting paid, not protecting your family’s assets.
Yes. Florida offers Medicaid programs for home care and assisted living through Home and Community Based Services (HCBS) waivers. Crisis planning strategies can help you qualify for these programs, too.
The planning process itself can often be completed in 1-2 weeks. The Medicaid application process typically takes 30-90 days for approval. With proper planning, benefits can often be retroactive to the application date.
Transfers for less than fair market value during the 5-year “lookback period” can cause penalties. However, even in crisis situations, there are exempt transfers and legal strategies that can protect assets without triggering penalties.
Serving clients throughout Duval, St. Johns, Clay, and Nassau Counties including Jacksonville, Jacksonville Beach, Neptune Beach, Atlantic Beach, Ponte Vedra Beach, Orange Park, Fleming Island, St. Augustine, and surrounding areas.
