Medicaid Planning Lawyer in Altamonte Springs, Florida
The cost of long-term care can place even a financially secure family under enormous pressure. A person may need skilled nursing care after a stroke, serious fall, dementia diagnosis, or extended hospitalization. A spouse may still be living at home and relying on the couple’s savings. Adult children may be trying to coordinate care while searching through years of financial records. At the same time, the family may be told that their loved one has too much income or too many assets to qualify for Medicaid.
Florida Medicaid planning is the process of preparing for those financial and legal issues before an application is filed. The goal is not to hide money, make a false statement, or give everything away. Using an experienced medicaid planning lawyer in Altamonte Springs is vital. Proper planning uses the options permitted by federal and Florida law to help an eligible person obtain long-term-care benefits, preserve appropriate resources for a community spouse, reduce avoidable private-pay expenses, and coordinate Medicaid eligibility with the family’s broader estate plan.
The Law Offices of Brett D. Bevis, PLLC helps individuals and families in Altamonte Springs and throughout Central Florida evaluate their circumstances and develop a plan. Medicaid rules are highly technical, deadlines matter, and a transaction that appears harmless can delay benefits for months. Whether you are planning years ahead or a loved one is already in a nursing facility, obtaining advice before transferring, retitling, or spending assets can make a significant difference.
Call (321) 972-2445 to schedule a consultation about Medicaid planning in Altamonte Springs, Florida.
Important 2026 eligibility note: Financial limits change periodically. The figures on this page reflect the Florida Department of Children and Families standards in effect in July 2026 and are provided for general education. Eligibility depends on the applicable Medicaid program, marital status, source and ownership of income, type of assets, prior transfers, medical need, and other facts. Confirm the current standards before acting.
What Is Medicaid Planning?
Medicaid planning brings long-term-care eligibility, asset preservation, income management, estate planning, and application strategy into one coordinated plan. It may address questions such as:
- Does the applicant meet Florida’s medical and financial eligibility rules?
- Which assets count toward the Medicaid resource limit, and which may be excluded?
- Can the spouse who remains at home keep the house, income, and a portion of the couple’s savings?
- What can be done if the applicant’s monthly income exceeds Florida’s cap?
- Did any gifts, below-market sales, joint-account changes, or deed transfers occur during the five-year lookback period?
- Can countable assets be spent in lawful ways that benefit the applicant or spouse?
- Would an irrevocable trust, special needs trust, pooled trust, compliant annuity, or other planning tool be appropriate?
- Are the applicant’s durable power of attorney and health-care documents adequate for long-term-care planning?
- How should the home and other assets be coordinated with Florida Medicaid estate-recovery rules?
- What records will DCF request, and how should the family respond to requests for additional information?
The right answer is different for every family. A plan for a healthy married couple beginning five or more years before care is expected will look very different from a crisis plan for a widowed nursing-home resident who needs Medicaid immediately.
Medicaid, Medicare, and Long-Term Care Are Not the Same
Families are often surprised to learn that Medicare does not provide open-ended coverage for custodial nursing-home care. Medicare may cover a limited period of skilled nursing or rehabilitation when its requirements are satisfied, but it generally does not pay indefinitely for help with activities of daily living such as bathing, dressing, eating, toileting, or supervision caused by dementia.
Medicaid is different. It is a needs-based program jointly funded by the federal government and the state. For eligible Florida residents, Medicaid can help pay for long-term care through programs that may include:
- The Institutional Care Program (ICP) for care in a Medicaid-participating nursing facility;
- The Statewide Medicaid Managed Care Long-Term Care Program (SMMC LTC) for qualifying long-term-care services in a nursing facility or, when available and approved, in a home or community setting;
- Certain home- and community-based services (HCBS) intended to help an eligible person receive care outside a nursing facility; and
- Medicaid-related hospice or other long-term-care coverage groups when program requirements are met.
Medicaid does not necessarily pay every charge. For example, long-term-care waiver benefits in an assisted living setting may cover approved care services without paying the resident’s entire room-and-board bill. The care setting, participating provider, plan authorization, medical needs, and specific benefit package all matter.
Who Decides Florida Medicaid Long-Term-Care Eligibility?
Florida divides responsibility among several agencies:
- The Florida Department of Elder Affairs, generally through its CARES program, determines medical eligibility and whether a person meets the required nursing-facility level of care.
- The Florida Department of Children and Families (DCF) determines financial eligibility, including income, assets, prior transfers, and technical eligibility factors.
- The Florida Agency for Health Care Administration (AHCA) administers Florida Medicaid and enrolls approved individuals in the appropriate long-term-care plan.
The state therefore evaluates more than finances. A person can satisfy the income and resource limits but still need a medical level-of-care determination. Conversely, a person can have substantial care needs but remain financially ineligible until excess income, countable resources, or transfer issues are properly addressed. Florida’s official Long-Term Care Program information explains these separate roles.
Florida Medicaid Financial Limits for Long-Term Care in 2026
The following figures are based on Florida DCF’s July 2026 SSI-related Medicaid standards. They are general reference points, not a substitute for an individual eligibility calculation.
| Eligibility item | July 2026 Florida standard |
| Individual gross monthly income limit for ICP/HCBS/Hospice | $2,982 |
| Couple income limit when both spouses apply | $5,964 |
| Individual countable-asset limit | $2,000 |
| Couple countable-asset limit when both spouses apply | $3,000 |
| Maximum Community Spouse Resource Allowance | $162,660 |
| Community-spouse monthly maintenance-needs range | $2,705 to $4,067 |
| Nursing-home personal-needs allowance | $160 per month |
| Home-equity-interest limit, subject to exceptions | $752,000 |
| Transfer-penalty divisor | $10,645 |
These numbers do not tell the entire story. The way an asset is titled does not always determine whether it is counted. Gross income may be treated differently from net deposits. A married applicant may be able to transfer assets to the spouse at home after the proper eligibility analysis. A home can be excluded for eligibility purposes in one circumstance yet still require separate consideration for estate recovery, probate, taxes, creditor protection, or future sale.
The Florida DCF Economic Self-Sufficiency Program Policy Manual publishes current eligibility charts and related Medicaid trust guidelines.
Which Assets Count for Florida Medicaid?
Medicaid generally divides property into countable resources and noncountable or exempt resources. Countable resources usually must be reduced to the applicable limit before long-term-care Medicaid can begin. Exempt treatment is fact-specific and can change if the property is sold, transferred, abandoned, or no longer used in the qualifying manner.
Assets that are often countable
Depending on ownership and program rules, countable resources may include:
- Checking, savings, and money-market accounts;
- Certificates of deposit;
- Cash on hand;
- Stocks, bonds, mutual funds, and brokerage accounts;
- Additional real estate that is not an excluded homestead;
- Vacation property and certain timeshares;
- Additional vehicles;
- Cash value in life-insurance policies above applicable exclusions;
- Notes, mortgages, loans receivable, and other rights to payment;
- Business interests and investment property that do not qualify for an exclusion; and
- Certain retirement funds or annuities, depending on ownership, payout status, terms, and compliance with Medicaid rules.
Joint ownership does not automatically make an asset unavailable. Adding a child to a bank account or deed may create a transfer issue without removing the asset from consideration. DCF may examine who contributed the money, who can withdraw it, the form of ownership, and whether value was transferred for less than fair market value.
Assets that may be excluded
Common exclusions may include:
- A principal residence, when the applicable occupancy, intent-to-return, home-equity, and family-member rules are satisfied;
- One vehicle;
- Ordinary household goods and personal effects;
- Certain burial spaces, burial arrangements, and limited burial funds;
- Some life-insurance policies within applicable limits;
- Property essential to self-support under specific conditions; and
- Assets held in a properly drafted trust that qualifies for exclusion under federal and Florida Medicaid law.
“Exempt” does not mean “ignore it.” The asset must still be disclosed. The lawyer must also consider what happens if the asset changes form. For example, an excluded home may become countable cash after a sale unless the proceeds are handled under an applicable exception or planning strategy.
Will Florida Medicaid Force Me to Sell My Home?
Not necessarily. A primary residence may be excluded from the resource calculation when Medicaid’s conditions are met. In 2026, Florida’s published home-equity-interest limit is $752,000, although the limit does not apply in the same way when a spouse or certain qualifying children live in the home. An applicant’s intent to return home can also be relevant.
However, several separate legal questions must be reviewed:
- Is the property actually the applicant’s principal residence?
- What is the applicant’s equity interest rather than the property’s total market value?
- Does a spouse, minor child, blind child, or permanently disabled child live there?
- Has the applicant signed a statement of intent to return?
- Is the property Florida constitutional homestead?
- Is the home owned individually, jointly, through a life estate, or in a trust?
- What will happen if the community spouse later sells the property?
- Will the property pass through probate after the Medicaid recipient dies?
- Could Florida Medicaid assert an estate-recovery claim against the probate estate?
A deed should never be changed casually. Transferring a home can create a Medicaid penalty, loss of control, exposure to the recipient’s creditors or divorce, and capital-gains or property-tax consequences. A deed strategy that is useful for one family can be damaging for another.
The Five-Year Medicaid Lookback Period
Florida applies a 60-month lookback period to transfers made on or after January 1, 2010. When a person applies for Medicaid long-term-care services, DCF can review transfers of assets and income during the preceding five years. The rule can apply to more than obvious cash gifts. Potentially problematic transactions include:
- Giving money to children, grandchildren, friends, or charities;
- Selling a home, vehicle, business interest, or other property for less than fair market value;
- Adding another person to a deed or financial account;
- Forgiving a debt or family loan;
- Paying a relative for past caregiving without a valid, properly documented agreement;
- Moving funds into a trust that does not qualify for an exception;
- Purchasing or changing an annuity that does not satisfy Medicaid requirements;
- Making undocumented cash withdrawals; and
- Allowing another person to use the applicant’s money without receiving fair value in return.
DCF does not merely deny an application because a transfer occurred. It determines the uncompensated value—the fair market value transferred minus the value received—and calculates a period during which Medicaid will not pay for long-term care. Under Florida’s current published process, the state divides the uncompensated value by the transfer-penalty divisor. The penalty can include full months and a fractional number of days.
Transfer-penalty example
Assume an applicant gave a child $53,225 during the lookback period and received nothing of fair value in return. Using Florida’s current $10,645 divisor:
$53,225 ÷ $10,645 = 5 months of ineligibility for long-term-care benefits.
The timing is especially dangerous. For most modern transfers, the penalty generally does not begin when the gift was made. It begins when the applicant has requested long-term-care Medicaid and would otherwise be eligible but for the transfer. The family may therefore face a coverage gap at the exact time the applicant has already reduced assets and needs care.
The Florida Administrative Code rule governing SSI-related Medicaid resources and DCF’s transfer-penalty process should be reviewed before making or attempting to correct a transfer.
Are Any Transfers Exempt From the Medicaid Penalty?
Yes. Federal and Florida law recognize exceptions, but every requirement must be documented. Depending on the circumstances, non-penalized transfers may include:
- Transfers to or for the sole benefit of the applicant’s spouse;
- Transfers to a child who is blind or permanently and totally disabled;
- Certain transfers to a trust established solely for a qualifying disabled individual;
- A transfer of the home to the applicant’s spouse;
- A transfer of the home to a child under age 21 or a child who is blind or permanently and totally disabled;
- A transfer of the home to a sibling who has an equity interest in the home and lived there for at least one year before the applicant became institutionalized; and
- A transfer of the home to a qualifying caregiver child who lived in the home for at least two years before institutionalization and provided care that allowed the parent to remain at home.
These exceptions are not automatic. A family may need deeds, proof of residence, medical records, caregiver evidence, financial records, affidavits, and other documentation. A transfer that almost satisfies an exception may still be penalized. Legal review should occur before the deed or account ownership is changed whenever possible.
Medicaid Planning for a Married Couple
The law contains spousal-impoverishment protections intended to prevent the spouse living in the community from becoming destitute when the other spouse needs institutional or waiver care. Those protections are valuable, but they do not mean a married couple can simply place everything in the healthy spouse’s name and qualify.
Community Spouse Resource Allowance
When only one spouse applies, Medicaid generally evaluates the couple’s countable resources as part of a spousal assessment. The spouse at home—the community spouse—may be permitted to retain a Community Spouse Resource Allowance (CSRA). Florida’s maximum CSRA is $162,660 for 2026. The institutionalized spouse generally must reduce resources allocated to that spouse to the individual limit, currently $2,000, after permitted transfers and planning are completed.
The correct allowance depends on the resource snapshot, timing, nature of the assets, prior institutionalization, and whether an increased allowance is available through an administrative or court process. Families should not assume the maximum will apply automatically.
Community-spouse income protection
Income generally follows different rules from assets. The community spouse’s own income is not simply added to the institutionalized spouse’s income for purposes of the individual income cap. If the community spouse’s income is below the applicable maintenance-needs allowance, some of the Medicaid recipient’s income may be diverted to that spouse.
As of July 2026, Florida’s published minimum monthly maintenance-needs allowance is $2,705, and the maximum is $4,067. The actual allowance depends in part on the community spouse’s income and recognized shelter expenses. It is not an automatic payment of the maximum amount.
Why advance spousal planning matters
A coordinated plan may examine:
- How assets were titled on the relevant snapshot date;
- Which resources are countable or exempt;
- Whether debts, home repairs, a replacement vehicle, medical equipment, or other legitimate expenses should be paid;
- Whether assets can be transferred to the community spouse without penalty;
- Whether a Medicaid-compliant annuity is appropriate;
- Whether the community spouse needs an increased resource or income allowance;
- Whether beneficiary designations and the couple’s estate plan could accidentally send assets back to the spouse receiving Medicaid; and
- What happens if the community spouse dies first.
That final point is frequently overlooked. If the community spouse’s will or beneficiary designations leave assets outright to the spouse receiving Medicaid, the inheritance may cause a loss of eligibility. The spouses’ wills, trusts, retirement accounts, life insurance, and payable-on-death designations should be coordinated with the Medicaid plan.
What If the Applicant Has Too Much Monthly Income?
Florida is an “income-cap” state for many long-term-care Medicaid programs. In 2026, the individual gross monthly income limit for ICP, qualifying HCBS, and certain hospice coverage is $2,982. An applicant whose gross income exceeds that figure may still qualify by using a properly drafted and administered Qualified Income Trust (QIT), sometimes called a Miller Trust.
A QIT is not a place to hide or permanently shelter income. It is an irrevocable trust designed to satisfy Medicaid’s income-eligibility rules. It must contain required provisions, including an appropriate state payback provision. A separate trust bank account is ordinarily used, and sufficient income must be deposited into it during each month for which eligibility is sought. Funds are then disbursed only for permitted purposes, which may include the applicant’s patient responsibility, personal-needs allowance, health-insurance premiums, spouse allowance, or other authorized expenses.
Common QIT mistakes include:
- Using a generic online trust that lacks Florida-required language;
- Failing to establish and fund the trust during the month eligibility is needed;
- Depositing too little income;
- Depositing assets rather than income;
- Mixing QIT funds with another account;
- Paying unauthorized expenses from the trust;
- Forgetting a recurring deposit when Social Security or pension income changes; and
- Failing to keep bank statements and an accounting.
A QIT fixes an income-cap problem; it does not eliminate the separate asset limit or transfer rules. Florida DCF publishes Qualified Medicaid Trust guidelines as part of its policy manual.
Lawful Ways to Reduce Countable Assets
“Spend-down” does not necessarily mean paying a nursing facility until almost nothing remains. It means converting or using countable resources in ways permitted by Medicaid rules and appropriate for the applicant’s needs. Depending on the facts, lawful expenditures may include:
- Paying valid debts and credit-card balances;
- Paying taxes and professional expenses;
- Purchasing medical, dental, vision, or hearing care not otherwise covered;
- Buying mobility aids, adaptive equipment, or other items for the applicant;
- Repairing or improving an exempt residence;
- Replacing an older vehicle;
- Purchasing household goods or personal items for fair value;
- Establishing qualifying prepaid funeral or burial arrangements;
- Paying for care under a properly drafted, prospective personal-services agreement when supportable and permitted;
- Transferring assets to a spouse or another exempt recipient;
- Purchasing a Medicaid-compliant annuity in an appropriate spousal or crisis-planning case; or
- Funding a trust that qualifies under a specific federal and Florida Medicaid exception.
Every transaction should be documented with contracts, invoices, proof of payment, appraisals, receipts, and evidence that the applicant received fair value. Large payments to relatives, retroactive caregiver arrangements, promissory notes, annuities, and property transfers receive particular scrutiny. These are not do-it-yourself strategies.
Long-Term Medicaid Asset-Protection Trust Planning
A family that plans at least five years before an anticipated application may consider an irrevocable Medicaid asset-protection trust. When correctly drafted, funded, and administered, this type of trust can begin the five-year lookback clock for assets transferred to it while allowing the family to define how the trust property will ultimately pass.
The tradeoffs are significant:
- The trust generally must be irrevocable;
- The person creating the trust cannot retain unrestricted access to principal;
- A transfer to the trust ordinarily starts a new 60-month lookback period;
- The trustee must follow the trust terms and avoid distributions that undermine eligibility;
- Tax basis, capital gains, homestead, property taxes, insurance, creditor issues, and control must be evaluated; and
- The trust must be coordinated with powers of attorney, wills, beneficiary designations, and the remainder of the estate plan.
A standard revocable living trust usually does not protect its assets for Medicaid eligibility because the person who created it generally retains the right to revoke the trust and recover the property. Likewise, merely calling a document an “asset-protection trust” does not make it Medicaid compliant.
Special Needs Trusts and Pooled Trusts
Different trust rules may apply when an applicant is disabled, receives a settlement or inheritance, or needs to preserve funds for supplemental needs. Federal law recognizes certain first-party special needs trusts for qualifying disabled individuals under age 65 and certain pooled trusts administered by nonprofit organizations. These trusts ordinarily require strict terms and a Medicaid payback or retained-funds provision.
Age, disability status, source of the money, timing of the transfer, and the type of Medicaid benefit all matter. A transfer to a pooled trust after age 65, for example, can raise transfer-penalty issues even if the trust itself otherwise satisfies federal requirements. Families should also distinguish a first-party trust funded with the beneficiary’s money from a third-party supplemental-needs trust funded by a parent, spouse, or other relative.
Proper special needs planning can preserve eligibility while allowing trust funds to enhance the beneficiary’s quality of life, but distributions must be administered carefully.
Medicaid Crisis Planning After Nursing-Home Admission
Advance planning provides the greatest range of options, but it is not necessarily too late when a loved one is already in a hospital, rehabilitation center, assisted living community, or nursing home. Crisis planning begins with a rapid, accurate review of:
- The applicant’s diagnosis, care needs, and expected discharge or placement;
- Whether the facility participates in Medicaid and has an available Medicaid bed;
- Marital status and the spouse’s living arrangements;
- All income sources and gross monthly amounts;
- All assets, ownership, beneficiary designations, and current values;
- The primary residence and any additional real estate;
- Gifts and transfers made during the prior 60 months;
- Existing trusts, deeds, annuities, promissory notes, and care agreements;
- Long-term-care insurance and possible veterans benefits;
- Current powers of attorney, health-care documents, will, and trust; and
- The amount being paid privately and the date benefits are needed.
A crisis plan may combine a QIT, exempt-asset purchases, spousal transfers, funeral planning, a compliant annuity, correction or return of prior gifts, and a carefully timed application. The correct sequence matters. Filing too early can produce a denial; filing too late can sacrifice a month of potential coverage.
Why the Durable Power of Attorney Matters
Medicaid planning is often performed when the person needing care has diminished capacity. A Florida durable power of attorney can allow a trusted agent to manage accounts, sign applications, obtain records, deal with real property, create or fund certain trusts, and carry out authorized transactions.
Not every power of attorney is adequate. Florida law requires certain important powers—particularly powers involving gifts, survivorship rights, beneficiary designations, trusts, and similar estate-planning acts—to be granted with special specificity and execution formalities. An older form, a form from another state, or a generic internet document may not authorize the transaction a Medicaid plan requires.
If the person no longer has legal capacity and the existing documents are insufficient, the family may need to consider guardianship. That process takes time, requires court involvement, and reduces the family’s flexibility. Reviewing incapacity documents while the client can still make and communicate decisions is one of the most valuable parts of advance planning. Learn more about the firm’s estate-planning services and guardianship representation.
The Florida Medicaid Application Process
An effective application is built on the plan; it is not a substitute for planning. A typical long-term-care Medicaid matter may involve the following stages:
- Determine the appropriate care pathway
The family identifies whether the person needs nursing-facility ICP coverage, SMMC LTC home- and community-based benefits, hospice-related coverage, or another Medicaid program. For community-based services, screening and waitlist procedures may apply.
- Obtain the medical level-of-care determination
The Department of Elder Affairs and CARES evaluate whether the applicant meets nursing-facility level-of-care and other clinical criteria. The family should provide complete information about diagnoses, cognitive limitations, activities of daily living, supervision needs, behavior, medications, recent hospitalizations, and caregiver availability.
- Complete the financial plan
Countable assets, exempt assets, income, spousal protections, prior transfers, and trust issues are analyzed. Necessary transactions should be completed and documented in the correct month.
- File the DCF application
Florida uses its public-benefits application system for Medicaid financial eligibility. The application should identify the correct coverage request and eligibility month. The applicant or authorized representative must provide truthful, complete information.
- Submit verification
DCF may request documentation such as:
- Proof of identity, citizenship or qualified status, Social Security number, and Florida residency;
- Social Security, pension, annuity, wage, and other income verification;
- Bank, brokerage, retirement, and investment statements;
- Life-insurance policies and current cash values;
- Deeds, property-tax records, mortgage statements, and appraisals;
- Vehicle titles and values;
- Trusts, wills, powers of attorney, annuity contracts, and promissory notes;
- Records of closed accounts and explanations of large withdrawals;
- Five years of transaction history when required for transfer review;
- Caregiver agreements, receipts, invoices, and proof of fair-market-value exchanges;
- Health-insurance premiums and unreimbursed medical expenses; and
- Facility admission, level-of-care, and spouse information.
- Respond to DCF requests and correct errors
DCF usually imposes a deadline for additional proof. Missing a deadline or submitting incomplete records can lead to denial even when the applicant could otherwise qualify. If financial eligibility or medical eligibility is denied in error, the applicant may have the right to request a Medicaid fair hearing. Florida’s official guidance states that a fair-hearing request concerning LTC screening or eligibility generally must be made within 90 days of the notice.
- Maintain eligibility
Approval is not the end of the process. The recipient must continue to administer any QIT, pay patient responsibility, report required changes, retain documentation, and complete periodic redeterminations. A new inheritance, sale of the home, insurance settlement, change in marital status, or increase in account balances can affect ongoing eligibility.
Patient Responsibility: What Income Does the Recipient Keep?
Medicaid approval does not usually allow a nursing-home resident to keep all monthly income. After permitted deductions, much of the recipient’s income is generally paid to the facility as patient responsibility or patient pay. Potential deductions may include:
- A personal-needs allowance, currently $160 per month for many Florida nursing-home Medicaid recipients;
- An approved community-spouse income allowance;
- Certain dependent-family allowances;
- Health-insurance premiums; and
- Certain incurred medical expenses not covered by Medicaid or another payer.
The calculation depends on the recipient’s coverage and circumstances. A QIT does not make patient responsibility disappear; it is primarily an eligibility mechanism for income above the cap.
Florida Medicaid Estate Recovery
Eligibility planning must consider what may happen after the recipient dies. Under the Florida Medicaid Estate Recovery Act, acceptance of Medicaid medical assistance can create a debt for amounts paid for a recipient after age 55. AHCA may file a claim in the deceased recipient’s probate estate.
Florida law also contains important protections. The debt is not enforced if the recipient is survived by a spouse, a child under age 21, or a child who is blind or permanently and totally disabled. Property exempt from creditor claims under Florida law is also protected from enforcement, and qualifying heirs may request an undue-hardship waiver. The result depends on the type of property, title, probate status, homestead protection, surviving family members, and estate plan.
This is why the statement “Medicaid will take the house” is both frightening and incomplete. Medicaid eligibility, liens, probate, constitutional homestead, creditor exemptions, and estate recovery are related but distinct issues. Florida’s Medicaid Estate Recovery Act, section 409.9101, should be considered when the plan is created—not only after the recipient’s death.
The firm’s experience with probate and estate administration can be especially valuable when coordinating a long-term-care plan with how property will pass at death.
Common Medicaid Planning Mistakes
Families can reduce avoidable problems by steering clear of these common mistakes:
- Giving everything to the children. A gift can trigger a long penalty, expose property to a child’s creditors or divorce, and leave the parent without legal control.
- Waiting until the last day of the month. Eligibility often depends on account balances, trust funding, facility status, and completed transactions within a particular month.
- Assuming a revocable trust protects assets. Assets available through a revocable trust are generally still available to its creator.
- Believing jointly owned money does not count. DCF examines access, contributions, ownership, and transfers—not only the names printed on the statement.
- Paying a family caregiver informally. Undocumented or retroactive payments may be treated as gifts rather than compensation.
- Using a generic QIT form. Incorrect language or administration can cause a month of ineligibility.
- Failing to disclose a transfer. Medicaid planning must be transparent. Concealment can create denial, repayment, civil, or criminal consequences.
- Selling the home without a plan. Exempt real property can become countable cash, and the sale may affect taxes, spousal rights, and eligibility.
- Ignoring the community spouse’s estate plan. An inheritance paid outright to the Medicaid recipient can interrupt benefits.
- Letting accounts exceed the limit after approval. Accumulated income, refunds, tax payments, or overlooked deposits can cause excess resources.
- Assuming an assisted living facility is fully covered. Medicaid plan authorization and room-and-board obligations must be confirmed.
- Submitting an application before the legal and financial work is complete. An avoidable denial can cost time and private-pay dollars.
How the Law Offices of Brett D. Bevis, PLLC Can Help
Medicaid planning touches many of the areas already central to the firm’s work: estate planning, wills and trusts, guardianship, probate, estate administration, and real property. Attorney Brett Bevis is a Central Florida attorney admitted to the Florida Bar since 2014. His practice focuses on helping families plan, administer estates, protect vulnerable individuals, and address real-property concerns.
Depending on the client’s needs and the scope of representation, the Medicaid-planning process may include:
- Reviewing the applicant’s health, care setting, family structure, income, and assets;
- Identifying countable and exempt resources;
- Analyzing five years of gifts and transfers;
- Calculating possible eligibility and penalty periods;
- Advising a community spouse about resource and income protections;
- Preparing a qualified income trust when appropriate;
- Evaluating spend-down purchases and exempt transfers;
- Reviewing annuities, trusts, deeds, caregiver arrangements, and beneficiary designations;
- Updating powers of attorney, health-care directives, wills, and trusts;
- Coordinating Medicaid planning with homestead, probate, and estate recovery;
- Organizing supporting records for the financial application; and
- Helping the family understand ongoing reporting and redetermination duties.
The first objective is to understand the family’s actual circumstances. The next is to create a lawful, practical plan that can be documented and implemented.
Frequently Asked Questions About Medicaid Planning in Altamonte Springs
Can I qualify for Florida Medicaid if I have more than $2,000?
Possibly. The $2,000 figure is the general countable-resource limit for an individual under the 2026 ICP/HCBS/Hospice standards. It does not mean the applicant may own nothing. Some assets may be excluded, and lawful planning may convert countable assets into exempt assets or provide for a spouse. Do not transfer or spend property until its treatment has been reviewed.
Does my spouse have to become poor before I can receive Medicaid?
No. Spousal-impoverishment rules may allow the community spouse to retain exempt assets, a resource allowance, the spouse’s own income, and potentially part of the applicant’s income. The maximum 2026 CSRA is $162,660, but the amount available in a particular case requires an individual calculation.
What if my income is over $2,982 per month?
A properly drafted and funded Qualified Income Trust may solve the income-cap problem. It must be created, funded, and administered correctly for every eligibility month. It does not solve excess assets or prior-transfer problems.
Can I give my house to my children and apply for Medicaid?
Giving the home to a child within five years of applying can create a transfer penalty unless a specific exception applies. Even when an exception may be available, the deed can create tax, creditor, title, control, and homestead consequences. Obtain advice before signing a deed.
Does the five-year lookback mean I must wait five years after every gift?
Not always. The answer depends on the transfer amount, whether an exception applies, whether value was returned, whether the gift can be cured, the date benefits are needed, and what other crisis-planning options exist. Never assume that waiting, filing immediately, or returning only part of a gift is the correct solution without calculating the result.
Are small birthday and holiday gifts ignored?
There is no broad Medicaid exception simply because a gift was customary, religious, charitable, or small. Repeated gifts can be combined when the transfer penalty is calculated. Keep records and discuss prior gifts before applying.
Can Medicaid pay for assisted living in Altamonte Springs?
Florida’s SMMC LTC program may cover approved long-term-care services in an assisted living setting for an eligible person, subject to medical eligibility, financial eligibility, enrollment, plan authorization, and provider participation. Medicaid does not necessarily cover the entire room-and-board charge. Confirm the facility’s participation and payment requirements before relying on coverage.
Is it too late to plan after someone enters a nursing home?
No. Crisis planning may still preserve lawful options, particularly for a married couple. The family should act promptly because facility bills, application timing, income-trust funding, and month-end account balances matter.
Can a nursing home complete the Medicaid application for us?
A facility or nonlawyer may help with administrative paperwork, but the application can involve legal decisions about transfers, trusts, contracts, deeds, spousal rights, estate recovery, and powers of attorney. A person helping with forms may not represent the applicant’s broader estate-planning and asset-protection interests.
Will Medicaid take my house after I die?
Florida may seek estate recovery for certain Medicaid benefits paid after age 55 by filing a claim in the recipient’s probate estate. The claim is subject to statutory survivor, creditor-exemption, homestead, and hardship protections. Whether a particular home is exposed depends on ownership, probate, homestead status, surviving relatives, and the estate plan.
How far back will DCF request financial records?
For long-term-care transfer review, DCF can examine the 60 months preceding the application. The precise documents requested vary, but families should be prepared to produce complete statements, explanations of large transactions, property records, trust and annuity documents, and proof of fair value received.
What happens if DCF denies the application?
The notice should be reviewed immediately. The problem may involve missing verification, excess income or assets, an alleged transfer, technical eligibility, or medical level of care. Florida provides fair-hearing rights, generally subject to a 90-day deadline for LTC screening or eligibility disputes. Earlier action may be necessary when continued benefits or other rights are involved.
Start Your Medicaid Plan Before a Crisis Gets Worse
A sudden care need can force a family to make expensive decisions under stress. Medicaid planning replaces guesswork with a documented strategy. It can clarify what the applicant may keep, protect the spouse who remains at home, address excess income, identify transfer problems, coordinate the home with the estate plan, and prepare the family for DCF’s application and verification process.
The Law Offices of Brett D. Bevis, PLLC serves clients in Altamonte Springs and communities throughout Central Florida, including Longwood, Casselberry, Maitland, Winter Park, Apopka, and the greater Orlando area.
To discuss advance Medicaid planning or an urgent nursing-home Medicaid matter, call (321) 972-2445 or use the firm’s online case-referral form to schedule a consultation.
This page provides general legal information and is not legal advice. Reading it or contacting the firm does not create an attorney-client relationship. Medicaid standards and agency policies change. Results depend on the facts of each matter, and no outcome is guaranteed.
