Medicaid Planning Attorney in Winter Garden, FL

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 Winter Garden 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 Winter Garden

About 1 in 7 Winter Garden residents is 65 or older, and homes in Winter Garden have a typical value of about $476,000. Many assets, often including the home, are already exempt under Florida Medicaid rules. In one situation, the home can also go to a child without a penalty.

It’s called the caregiver child exception. If an adult child lived in a parent’s home for at least two years right before the parent entered a nursing home, and gave care during that time, the home can be transferred to that child without triggering the look-back penalty.

When it’s time to apply, Medicaid asks for records: the last 12 months of bank statements, retirement and investment account records, and all real estate documents. We help you gather them and file a complete, well-documented application.

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

The belief that higher assets rule out Medicaid is one of the myths Cary Moss takes on in this episode of Life, Legacy & Wealth. She outlines which assets Medicaid considers exempt and which it counts, and covers the planning basics for seniors facing nursing home costs. Her key message is practical: there are strategies to protect savings, homes and retirement assets while still qualifying for Medicaid benefits.

Episode notes →

Why Winter Garden 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 25 minutes from Winter Garden.

Frequently Asked Questions

Do we have to spend everything before Medicaid will pay?
No. With planning, many families protect a meaningful share of their assets, and a spouse who stays at home has special protections for income and assets.

Can we protect our savings by putting them in the healthy spouse’s name, or adding our kids to our accounts?
Not by itself. Medicaid counts a married couple’s combined assets, no matter whose name they’re in. Adding a child to a bank or investment account generally doesn’t help either, because Medicaid treats the money as the applicant’s unless the child can prove they contributed their own funds. It can also create tax problems for your child.

Why does a power of attorney matter so much for Medicaid planning?
It lets someone you trust act for you if you lose capacity. For Medicaid planning, it must include specific enhanced powers, such as the power to create trusts and change beneficiary designations. Without a strong one, many strategies can’t be used, and the family may face a guardianship, which takes time and puts decisions in a judge’s hands.

Related Reading

Other Services in Winter Garden

Estate Planning · Supplemental Needs / Special Needs Planning · Probate · Trust Administration · Guardianship · Winter Garden

Medicaid Planning Across Central Florida

Orlando · Windermere · Horizon West · Clermont · Ocoee · Winter Park · Orange County · Seminole County · Osceola County · Lake County

Directions to Our Office From Winter Garden

Talk to a Medicaid Planning Attorney Serving Winter Garden

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.

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