What Is Medicaid Planning?
Medicaid planning is the legal process of structuring your finances and assets to qualify for Florida Medicaid benefits while protecting as much of your wealth as possible for your spouse and heirs. With nursing home costs in Florida frequently exceeding $8,000—$12,000 per month, Medicaid benefits can be the difference between preserving a lifetime of savings and spending it all on care.
At Hernandez Legal, P.A., we guide individuals and families through Florida's complex Medicaid eligibility rules with clear, actionable strategies — ensuring you receive the benefits you are entitled to without unnecessary loss of assets.
"Medicaid planning is not about gaming the system — it is about ensuring you and your family are not left financially devastated by the legitimate cost of long-term care."
Florida Medicaid — Key Programs
- Nursing Home Medicaid (Institutional Care Program) — Covers long-term nursing facility care for eligible Florida residents. Asset and income limits apply.
- Medicaid Waiver Programs (HCBS) — Home and community-based services that allow eligible individuals to receive care at home or in assisted living rather than a nursing facility.
- Statewide Medicaid Managed Care (SMMC) — Florida's primary Medicaid delivery system, including Long-Term Care (LTC) waiver services.
Common Medicaid Planning Strategies
- Spend-down planning — converting countable assets into exempt assets legally
- Irrevocable Medicaid Asset Protection Trusts (MAPTs)
- Caregiver child exception and sibling exception strategies
- Spousal protection planning to safeguard the community spouse's assets and income
- Gifting strategies within Medicaid's look-back period rules
- Annuity and promissory note planning
- Exempt asset maximization (home, vehicle, personal property)
- Crisis Medicaid planning for immediate nursing home placement needs
The Medicaid Planning Process
- Asset & Income Review — We conduct a full review of your financial situation, including all assets, income sources, and existing legal documents.
- Eligibility Analysis — We identify which Medicaid program fits your needs and analyze the gap between your current situation and eligibility requirements.
- Strategy Development — We develop a customized, legal plan to protect assets and achieve Medicaid eligibility, respecting the look-back period rules.
- Implementation — We prepare all necessary legal documents, coordinate asset transfers, and execute the plan on your timeline.
- Application & Follow-Through — We assist with or prepare the Medicaid application and respond to any agency requests to ensure a successful outcome.
Why Plan Ahead?
Florida Medicaid has a 60-month (5-year) look-back period during which any gifts or asset transfers are scrutinized. Planning early gives you far more options and flexibility. However, even in a crisis situation — when nursing home placement is imminent — there are still legal strategies available. We handle both advance and crisis Medicaid planning.
Frequently Asked Questions
For nursing home Medicaid, a single applicant may generally have no more than $2,000 in countable assets. For married couples, the community spouse may retain a larger amount (the Community Spouse Resource Allowance). Certain assets — such as a primary home, one vehicle, and personal belongings — are typically exempt.
Gifts made within 60 months of applying for Medicaid can trigger a penalty period during which benefits are delayed. This is called the look-back period. Gifting must be done carefully and strategically — well in advance — to avoid disqualification. We ensure any transfers are done legally and effectively.
Florida Medicaid can seek reimbursement from a deceased beneficiary's estate through Medicaid Estate Recovery (MERP). However, with proper planning — such as a Lady Bird deed or trust — the home can often be protected from recovery. Planning ahead is key.
Crisis Medicaid planning is still possible even after nursing home placement. While options are more limited than with advance planning, legal strategies exist to protect a significant portion of assets even at this stage. Contact us immediately for an urgent consultation.