Nursing home and long-term care costs can use up a lifetime of savings quickly. Florida Medicaid can help pay for that care, but its income and asset rules are strict, and mistakes can delay coverage. Sawyer & Sawyer, P.A. helps Osceola County families plan for long-term care, apply for benefits correctly, and protect as much as the law allows for a spouse and family.
How Florida Medicaid Helps Pay for Long-Term Care
Florida Medicaid covers nursing home care and, through its long-term care program, some care at home or in assisted living for people who meet the medical and financial requirements. Your income and countable assets must fall under set limits. Some assets don’t count, including your home in many cases.
The Five-Year Look-Back
Medicaid reviews gifts and transfers made during the five years before you apply. Giving assets away during that window can trigger a penalty period with no coverage. Planning early gives you the most options, but even when care is needed now, legal strategies are often still available.
When Income Is Over the Limit
If your income is above Florida’s limit for long-term care Medicaid, a qualified income trust (sometimes called a Miller trust) can allow you to qualify.
Benefits for Veterans
Veterans and surviving spouses may be eligible for VA pension benefits, including Aid and Attendance, to help pay for care. Cary Moss is VA-accredited and can help you apply.
Medicaid Planning in Osceola County
About 13% of Osceola County residents are 65 or older, and a typical Osceola County home is worth about $353,000. The homestead is often exempt for Medicaid, but other real estate is treated differently. It is generally countable, although rental properties may be exempt in some circumstances.
The look-back review is detailed. Bank withdrawals or transfers over $1,000, deed changes and new names on accounts can all draw questions from Medicaid caseworkers.
Many routine gifts, such as birthday or wedding presents, are generally accepted. Others, like help with a grandchild’s college costs, can often be explained with an affidavit from the person who received the money. We go through your records with you and prepare that paperwork before you apply.
Figures: U.S. Census Bureau, American Community Survey 2020–2024 5-year estimates.
From Our Podcast: Medicaid Planning Strategies to Reduce Nursing Home Costs and Protect Savings, Part 2
Protecting a spouse is at the center of this episode of Life, Legacy & Wealth: elder law attorney Cary Moss explains how proper planning can bring peace of mind during an incredibly stressful time. For Medicaid planning, the lessons are that a well spouse can be protected while assets are preserved, and that a durable power of attorney with enhanced powers plays a critical role.
Why Osceola County Families Work With Sawyer & Sawyer
Sawyer & Sawyer, P.A. is a family firm that has served Central Florida since 1994. We treat every client as an extension of our family, and we focus on people before the paperwork.
- Cary L. Moss, Esq., Managing Partner. Concentrates on estate settlement, probate, trust administration, long-term care planning and estate planning. Served five years on the Board of Directors of the Academy of Florida Elder Law Attorneys, including a term as president.
- Thomas P. Moss, Esq., Senior Attorney. Focuses on estate planning, guardianship and estate settlement. Former Co-Chair of the Orange County Bar Association’s Estate, Guardianship and Trust Law Committee.
Our office at 8913 Conroy Windermere Road in Orlando is about 45 minutes from Kissimmee.
Frequently Asked Questions
Can I give my house to my children so I qualify?
Transferring your home can trigger the look-back penalty and can create tax problems for your children. There are better ways to protect a home, so talk to us before transferring it.
Can a family member be paid for helping with care?
Yes, but only with proper paperwork, or the payments will almost certainly be flagged as gifts. A personal care contract signed by both people should spell out the services, the hourly rate and a lump sum based on Medicaid’s life expectancy figures. A geriatric care manager can confirm the rate reflects fair market value.
We’re not in a crisis yet. How can we plan ahead?
An irrevocable Medicaid Asset Protection Trust is a key pre-planning tool. Moving assets into it starts the five-year look-back clock. After five years and a day, those assets are no longer counted for Medicaid, as long as the trust is drafted and managed correctly. It works best for people comfortable giving up ownership and control, with responsible family members who can serve as trustees.
Related Reading
- How to Protect Your Assets from Florida Nursing Home Costs
- Do I Have to Spend All My Money on a Nursing Home Before I Can Qualify for Medicaid?
- The Hidden Risks of DIY Medicaid Planning
Other Services in Osceola County
Estate Planning · Supplemental Needs / Special Needs Planning · Probate · Trust Administration · Guardianship · Osceola County
Medicaid Planning Across Central Florida
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Directions to Our Office From Osceola County
Talk to a Medicaid Planning Attorney Serving Osceola County
Call (407) 909-1900 or send us a message to set up a consultation. Our office is open Monday through Thursday, 9 AM to 5 PM, and Friday, 9 AM to 12 PM.