Medicaid Planning Attorney in Florida
Planning for care, protecting what matters
Trying to understand Medicaid can feel overwhelming, especially when the future of your care and your family’s financial security is on the line. At Berg Bryant Elder Law Group, we guide Florida families through the complexities of it all: Medicaid eligibility and long-term care planning. Our team works to protect your assets while ensuring you or your loved ones can access the care needed.
Planning for long-term care costs is one of the most important financial decisions many Florida families will ever make. With nursing home care in Florida averaging over $10,000 per month, even substantial savings can quickly disappear. Medicaid planning offers a solution—but only when done correctly with proper legal guidance.
The right strategy can protect your assets while getting the care you need.
Medicaid planning is the legal process of organizing your finances and assets to qualify for Medicaid benefits while preserving your wealth. Unlike Medicare, which doesn’t cover long-term nursing home care, Medicaid will pay these expenses if you meet eligibility requirements.
Florida’s Medicaid program offers several benefits for seniors needing long-term care:
The challenge? Strict income and asset limits can force seniors to spend down their life savings before qualifying for help.
To qualify for Florida Medicaid long-term care benefits, you must meet these basic Medicaid requirements:
Many families mistakenly believe they must spend all their money to qualify. This simply isn’t true. A Medicaid planning attorney can help you legally protect assets while qualifying for benefits.
A skilled Medicaid planning attorney provides critical services to help you navigate this complex process:
Your attorney will review your finances and create a customized plan that may include:
If your income exceeds Medicaid limits, your attorney can establish a Qualified Income Trust (Miller Trust) to resolve this issue without losing eligibility.
Florida Medicaid examines all financial transactions from the five years before your application. Your attorney will develop strategies to manage this lookback period and minimize penalties.
Your primary residence can be exempt from Medicaid calculations, but without proper planning, it may be at risk from estate recovery after death. Your attorney can implement protections like:
Special rules apply for married couples when one spouse needs nursing home care. Your attorney will ensure the “community spouse” (at home) retains sufficient resources to live comfortably while the other spouse qualifies for benefits.
The best time to start Medicaid planning is well before you need long-term care. However, even if you or a loved one already requires nursing home care, options still exist.
With advance planning, you have the most options for asset protection. Your attorney can implement strategies like:
If nursing home care is already needed or imminent, your attorney can still help with:
Facing long-term care decisions can be overwhelming, but you don’t have to do it alone. We’re here to help you take the next right step.
Duval County
Clay County
St. Johns County
Many families attempt to handle Medicaid planning themselves, often with costly consequences:
Florida’s Medicaid rules are complex and constantly changing. Mistakes can cost tens or even hundreds of thousands of dollars in lost benefits or unnecessary spend-down.
At Berg Bryant Elder Law Group, our Florida Board Certified Elder Law Attorneys are dedicated to guiding families through the complexities of Medicaid planning. We provide:
Our team has helped thousands of Northeast Florida families protect their assets while accessing the care they need.
Don’t delay until health problems force you into rushed decisions. Early preparation gives you the widest range of legal options to shield your savings while securing excellent healthcare.
At Berg Bryant Elder Law Group, our Florida Board Certified Elder Law Attorneys create personalized Medicaid strategies that fit your family’s specific needs. We proudly assist clients across Northeast Florida, from Jacksonville to Orange Park and beyond.
Contact us today to schedule a consultation and take the first step toward protecting what you’ve worked so hard to build.
Gifts made within five years of applying for Medicaid may trigger a penalty period. However, certain transfers are exempt, including transfers to:
Your primary residence can be exempt from Medicaid eligibility calculations in Florida. However, without proper planning, Florida’s Medicaid Estate Recovery Program may place a claim against your home after your death. A Medicaid planning attorney can implement strategies to protect your home.
The Florida Medicaid application process typically takes 45-90 days from submission to approval. However, planning should begin much earlier to ensure all necessary documentation is in order and to implement appropriate asset protection strategies.
Yes, Medicaid planning is completely legal. The Centers for Medicare and Medicaid Services (CMS) and federal courts have consistently recognized the right of individuals to structure their finances to qualify for benefits. However, it must be done properl, following all applicable laws and regulations.
Yes, certain assets are exempt from Medicaid calculations, including:
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.
