- Power of Attorney and Health Care Surrogate
- Medicaid Planning and Asset Protection
- Nursing Home Medicaid
- Veterans Benefits/Veterans and Surviving Spouses
- Probate and Trust Administration
- Wills and Trusts
- Special Needs Trusts
- Contested Wills and Trusts
- Protect Your Rights
- Get Organized
- Medicaid Eligibility
- Life Care Planning
- Speaking Engagements
Determining Florida Medicaid Eligibility
There are several Medicaid government programs that provide services to individuals residing at home and/or pays for individuals residing in an assisted living facility or nursing home.
The applicant must meet certain medical and financial criteria, and must be a citizen or resident alien. The rules are different for single people than for married people.
Three ways to create Florida Medicaid eligibility for a married couple are:
Immediate Annuity: All the assets, except the amount the law allows the well spouse to retain, are used to purchase an immediate, term certain, not life, annuity for the well spouse. The annuity payment is counted as income to the well spouse and the ill spouse is eligible for Medicaid. You must name the state as the first beneficiary should the well spouse die before the annuity is repaid. Because of this requirement, there are some other more favorable options to consider.
Raising the Community Spouse Resource Allowance: If the couple’s income is less than the amount allowed by law (including their social security and pension) the well spouse is allowed to keep assets which produce income to get their monthly income up to the amount allowed by law. This option works well when the couple’s income is less than $2,000 and the couple has assets less than $200,000 or so.
Just Say No: The well spouse can just refuse to pay for the care of the ill spouse. If the ill spouse meets the rules for an individual to be eligible, then the ill spouse is immediately eligible for Medicaid. This is an option to use in second marriage situations.
There are other ways to create Medicaid eligibility for a single person.
There are also many other assets that do not count when determining eligibility for Medicaid.
Each family’s situation is very different and must be individually analyzed. Under current law, we can assist in legally rearranging the assets to make a married person eligible for Medicaid almost immediately! With a single person, most of the assets can be legally sheltered too.