When a loved one requires skilled nursing home care, most families face the challenge of how to pay for that care. Long-term skilled care in a nursing home can exceed $100,000.00 per year. Britton G. Swank, P.A. can design a strategy to create financial eligibility for nursing home Medicaid, which is a significant financial resource to help pay for this type of care.
Medicaid is a public benefits program funded with federal and state dollars. While Medicaid programs across states are similar, each state has specific programs and rules that differ from those of its neighbors. With legal assistance from Britton G. Swank, P.A., you can better understand program options and learn how to get help.
In Florida, a person can be eligible for nursing home Medicaid (ICP) if medical and financial requirements are met.
The medical determination is made by the Comprehensive Assessment and Review for Long-Term Care Services (CARES) Program at the Department of Elder Affairs.
The financial eligibility requirement consists of asset and income components and is made by the Florida Department of Children and Families. Once a person has met these medical and financial eligibility requirements, an application must be filed with the Florida Department of Children and Families.
We can assist in analyzing whether a person meets the medical requirements for Medicaid. However, our primary focus is establishing financial eligibility. The financial eligibility rules are different for single and married people, and consist of income and asset components.
There are many myths and lots of misinformation regarding Medicaid eligibility for nursing homes. Medicaid rules also vary from state to state. Having current legal advice is essential.
Fortunately for our clients, at Britton G. Swank, P.A., we have over 55 years of combined experience with Florida nursing home Medicaid. That experience provides a unique understanding of the financial eligibility rules and options to legally create eligibility.
For married people, the Medicaid applicant’s assets and income are considered separately from their spouse’s assets and income. It is important to understand that gross (not net) income amounts are used for Medicaid eligibility determination.
The Medicaid rules require that the applicant’s income be used to help pay for their nursing home care. This could impact their spouse’s ability to afford to live in their home. Britton G. Swank, P.A., can develop a plan so the applicant receives benefits to ensure they receive the care they deserve, and their spouse has enough income to pay their living expenses.
A nursing home Medicaid application must be filed with the Florida Department of Children and Families. The application is completed online, and documentation to verify financial eligibility must be provided. The application process is extremely cumbersome and can be quite frustrating. Our extensive experience with Florida nursing home Medicaid applications provides a depth of understanding of the process and allows for successful outcomes.
Absolutely. We have family members who come to us who filed a Medicaid application themselves, or through a third party, and received a denial. We can assess and correct the financial eligibility issue and submit a new application.
No. An annual renewal application must be filed with the Florida Department of Children and Families. If the Medicaid recipient is married, in most cases, only the Medicaid recipient’s financial information must be submitted.
All changes in the applicant’s assets and income must be reported to the Florida Department of Children and Families within 10 days.
For example, if the Medicaid applicant’s gross monthly income increases or decreases, or their health insurance premium changes, it must be reported. After reviewing the reported change, the Florida Department of Children and Families will issue a Notice of Case Action.
Did you know that Medicaid Planners cannot give legal advice? We recommend reading the brochure on Medicaid Planning, and why you should consider working with Britton G. Swank, P.A. Our legal knowledge and experience cannot be duplicated by a Medicaid Planner.
Life isn’t always smooth sailing and it’s easy to feel adrift when facing aging-related issues. The firm of Britton G. Swank, P.A. is skilled at providing legal assistance to older adults and people of all ages preparing for the future.
At Britton G. Swank, P.A., we devote a significant portion of our practice to estate planning. We believe in taking the time to understand each client’s unique needs and goals and tailoring estate plans and documents to provide peace of mind for the future.
When a loved one is unable to care for themselves and has no estate planning documents, or refuses to cooperate with the person appointed in their estate planning documents, guardianship may be necessary. We can help you determine when a guardian should be appointed to watch over that person’s financial and personal affairs.
Florida has several Medicaid programs to help individuals who reside either at home, in a nursing home, or other facility. Each person’s needs and financial situation is different. Knowing which benefits a person may be eligible for is key to trying to ensure assets are not depleted to pay for long-term care.
When a loved one requires skilled nursing home care, most families face the challenge of how to pay for that care. Long-term skilled care in a nursing home can exceed $100,000.00 per year. Britton G. Swank, P.A. can design a strategy to create financial eligibility for nursing home Medicaid, which is a significant financial resource to help pay for this type of care.
Veterans benefits can help pay for the long-term care costs of a veteran, or their surviving spouse, who is struggling financially. Attorney Britton G. Swank can help determine who is eligible for these benefits.
The law firm of Britton G. Swank, P.A. is committed to helping clients overcome issues that arise following a loved one’s death. Probate is a court process that generally occurs when a person dies with an asset in their name alone. Remember, probate can happen whether a person dies with or without a Will. We can determine whether probate is necessary and, if so, which type of probate process is the best fit. While a properly funded Trust can help avoid probate, Trustees still have important legal obligations under the Trust terms and Florida law. We provide guidance to Trustees to help them satisfy their Trust administration duties with confidence.
We strive to be approachable and reachable and maintain communication with our clients. We value clients and works relentlessly to achieve excellent results.
“Britton Swank and her office provided excellent service, demonstrating professionalism and personal attention to all details in helping my parents with their wills/trusts and the execution of them after their sudden death. Britton’s attitude to the work, her compassion and her in-depth knowledge is impressive. Not only was she there for my parents but also for myself and my siblings during the difficult time after their passing. Requests were handled in a quick, efficient manner. The transition was spot on! We couldn’t have asked for a better attorney!”
Lehigh Acres, FL
“It is with great confidence that I can personally recommend Britton Swank for your estate planning needs. Her personal commitment to my family in securing my quality of life while living and the transfer of my estate to my son upon my passing has been very comforting to everyone concerned. I would highly recommend her to others as you plan for today, tomorrow, and your legacy.”
Fort Myers, FL
“Once I met with Britton Swank, a huge burden was lifted. She and her assistant not only walked me through the process, they were always available. I knew I was never alone and that gave me great comfort. Ms. Swank even met me at the bank on a Saturday morning when the branch manager was refusing me access to the safety deposit box even though I had all the court orders giving me full access.”
Lehigh Acres, FL
Main Office:
10175 Six Mile Cypress Parkway
Suite 4
Fort Myers, Florida 33966
Satellite Office:
By Appointment Only
702 Leeland Heights Boulevard West
Lehigh Acres, Florida 33936