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 Park 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 Park
About 1 in 4 Winter Park residents is 65 or older. The typical Winter Park home is worth about $731,000, but for Medicaid, what matters is whether an asset is exempt or countable. The home is often exempt, as is one vehicle, while cash, savings and investments count and usually need the most planning.
Retirement accounts can move to the exempt side. If the account owner switches from an annual required minimum distribution to monthly distributions, the account’s principal becomes exempt. That applies to the applicant and to the spouse at home.
Advice from friends or family in other states often doesn’t apply here, because every state has its own Medicaid rules and options. We apply Florida’s rules to your home and accounts and show you what can be protected.
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
One red flag Cary Moss raises on Life, Legacy & Wealth is misunderstanding special needs trusts, including their age-based eligibility rules. In this second part of the conversation, she also explains why adding children to bank accounts or deeds can backfire financially and legally, and how to coordinate Medicaid planning with long-term estate and legacy goals.
Why Winter Park 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 30 minutes from Winter Park.
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 Winter Park
Estate Planning · Supplemental Needs / Special Needs Planning · Probate · Trust Administration · Guardianship · Winter Park
Medicaid Planning Across Central Florida
Orlando · Windermere · Winter Garden · Horizon West · Clermont · Ocoee · Orange County · Seminole County · Osceola County · Lake County
Directions to Our Office From Winter Park
Talk to a Medicaid Planning Attorney Serving Winter Park
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.