Elder Law

South Florida Law’s elder law practice area helps families protect their savings, home and other assets from being liquidated to pay for long term care / nursery home costs. This includes restructuring assets in preparation for Medicare applications and avoiding the Medicaid Estate Recovery Program.

Medicaid Planning While Owning a Home in Florida

Many Florida residents mistakenly believe that owning a home makes Medicaid planning impossible. However, while homeownership does complicate Medicaid eligibility, Florida law provides several pathways for homeowners to qualify for these essential healthcare benefits. Understanding Florida’s Homestead Exemption The Florida Agency for Health Care Administration recognizes that primary residences receive special treatment under Medicaid eligibility…

Read More Medicaid Planning While Owning a Home in Florida
Protect Your Home: Strategies for Florida Medicaid Recipients

For many Florida families, the family home represents not just a significant financial asset, but also a repository of memories and a legacy to pass on to future generations. However, when a loved one requires long-term care through Medicaid, concerns often arise about the potential loss of the home after the recipient’s death. Medicaid applicants…

Read More Protect Your Home: Strategies for Florida Medicaid Recipients
Defending Against False Elder Abuse Claims in Florida

Elder abuse is a serious issue that rightfully receives significant attention in Florida. However, there are instances where individuals may find themselves the victims of false elder abuse claims. Understanding how to defend against these spurious claims is crucial for protecting one’s reputation and legal standing. There are a number of steps and remedies that…

Read More Defending Against False Elder Abuse Claims in Florida
10 FAQs on Medicaid for Seniors in Florida

Medicaid for seniors serves as a crucial medical and long-term care insurance program for residents of Florida with limited assets and income. In this FAQ guide, we’ll delve into the specifics of Medicaid eligibility for seniors in the State of Florida, covering various aspects from house ownership to income thresholds. 1. Which seniors are eligible…

Read More 10 FAQs on Medicaid for Seniors in Florida
Florida Medicaid, Medicare and Long Term Care Insurance

People either take care of the elderly in their families or outsource the care to third parties. Either way, the costs associated with this care can be paid out of pocket, by long-term care insurance, Medicare or Florida Medicaid. Which source of payment a family uses depends on whether there is a long-term care policy…

Read More Florida Medicaid, Medicare and Long Term Care Insurance
Medicaid Eligibility Activities of Daily Living (ADLs)

For Medicaid eligibility, there are a set number of activities that the program takes into consideration when determining whether to approve an applicants request for coverage. These are in addition to Medicaid means testing in which the program reviews assets and income to determine Medicaid eligibility. Activities of Daily Living (ADLs) for Medicaid Eligibility …

Read More Medicaid Eligibility Activities of Daily Living (ADLs)
Medicaid Planning Facts

Medicaid Planning – Florida Medicaid is the state and federal partnership that provides health coverage for selected categories of people, including the elderly, in Florida. Because having low income and virtually no assets is an eligibility requirement, one of the most complex areas of estate planning involves preparing someone with significant income and assets for…

Read More Medicaid Planning Facts
Qualified Income Trusts (A Medicaid Solution for Florida Residents)

Long-term care for seniors delivered in a nursing home setting can be prohibitively expensive for most people. Still, some 70% of those over 65 are expected to need long-term care with 20% of seniors likely to require it for five or more years. Medicaid provides financial assistance to those requiring long-term care and qualified income…

Read More Qualified Income Trusts (A Medicaid Solution for Florida Residents)
Navigating Medicaid Means Testing

By most people’s standards, a nursing home can be very expensive. It is not unusual to pay anywhere between $5,000 and $10,000 a month to a facility for an individual (or double that cost for a couple). Medicaid means testing ensures that the people who have the greatest financial need for coverage receive Medicaid benefits….

Read More Navigating Medicaid Means Testing