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 Clermont 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 Clermont
About 1 in 4 Clermont residents is 65 or older, and a typical Clermont home is worth about $418,000. Because the homestead is generally exempt for Medicaid, countable cash can be used to repair or improve it, for example with a new roof, new HVAC or an accessible bathroom.
Strategies like this need legal authority. If someone loses capacity without a durable power of attorney, the family has to seek a guardianship, which is expensive and restricts what can be done for long-term care planning.
For a Clermont resident, that case would be heard at the Lake County Judicial Center in Tavares. That’s why we review your power of attorney and estate planning documents first: they decide which Medicaid options are open to you.
Figures: U.S. Census Bureau, American Community Survey 2020–2024 5-year estimates.
From Our Podcast: Medicaid’s 5-Year Lookback Rule Explained: Protecting Your Family’s Assets from Penalty Periods
Not every gift made before a Medicaid application causes a problem. In this Life, Legacy & Wealth episode, Cary Moss explains the difference between gifts that raise red flags and those that can be explained away, using real scenarios such as tithing, wedding gifts and grandparents paying college tuition. She also covers why affidavits are important in overcoming the presumption that a transfer was Medicaid planning.
Why Clermont 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 40 minutes from Clermont.
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 Clermont
Estate Planning · Supplemental Needs / Special Needs Planning · Probate · Trust Administration · Guardianship · Clermont
Medicaid Planning Across Central Florida
Orlando · Windermere · Winter Garden · Horizon West · Ocoee · Winter Park · Orange County · Seminole County · Osceola County · Lake County
Directions to Our Office From Clermont
Talk to a Medicaid Planning Attorney Serving Clermont
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.