Medicaid Planning & Asset Protection

What is Medicaid?

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. If you have questions about Florida Medicaid benefits for yourself or a loved one, speak to a local elder law attorney who knows Florida Medicaid law. Our firm offers legal services for seniors and their loved ones who have concerns about long-term care. Our goal is to help seniors live independently for as long as it is safe and economical to do so.

239-208-3040

How Does Medicaid Help with Long Term Care Expenses?

The price of long-term care at home, in daycare, in independent or assisted living facilities, or at a nursing home can build quickly, leaving many families in a tight financial situation. Florida Medicaid provides care benefits that can be helpful, but the eligibility rules are complex and difficult to navigate without a Medicaid planning attorney. With legal assistance from Britton G. Swank, P.A., you can better understand program options and learn how to get help.

Florida Medicaid’s Long-Term Care Program provides long-term care services to eligible individuals to help them live at home or in a community setting like an assisted living facility. Services include companion care, care coordination, homemaker services, medication management, home-delivered meals, personal care, and transportation. For eligible individuals living at home, services are provided at no cost. However, the weekly number of hours of help a Medicaid recipient receives is frequently a source of friction between the managed care provider and the Medicaid recipient.

Medicaid will pay a limited amount toward a recipient’s monthly assisted living bill, which means many Floridians are simply too poor to receive care in this setting. Please see the example below for an explanation.

If a person is medically and financially eligible, Florida Medicaid’s Institutional Care Program pays the majority of the cost of a nursing home stay. Most of the Medicaid recipient’s gross monthly income must be used to help pay the nursing home bill, but Medicaid pays the balance owed. Please see our Nursing Home Medicaid page for more information.

Example of Medicaid in an Assisted Living

Charlie is medically and financially eligible for Medicaid long-term care services. His gross income is $1,500.00 per month. The participating assisted living facility where Charlie wants to live is Park Place, which costs $5,000.00 per month. Assume the Medicaid managed care provider will pay a maximum of $1,500.00 per month toward Charlie’s care. Charlie cannot afford to live at Park Place unless someone else is willing to pay his $2,000.00 monthly shortfall.

Charlie’s gross monthly income: $ 1,500.00
Medicaid help for Park Place bill: +$1,500.00
Total available to pay Park Place bill: $ 3,000.00

Charlie may be an otherwise great candidate for assisted living, but he can’t afford this program if he cannot find a participating facility for $3,000.00 or less. Charlie may have no choice but to live in a nursing home.

Is There A Waiting List For Florida Medicaid Long-Term Care Services?

The answer to this question depends on where you want to receive services. The Florida Department of Elder Affairs manages a waiting list for those who want to receive Long-Term Care Program services at home or in an assisted living facility. Your release from the wait list is based on a priority score, not how long you’ve been on the waiting list.

There is no wait list to receive funds for the Medicaid Institutional Care Program that provides care services in a nursing home.

Navigating the Florida Medicaid System

Fortunately, seniors in Southwest Florida have access to a handful of Medicaid programs that provide help when it comes to long-term care needs. Services can be provided to people living at home, attending daycare, in independent living facilities, assisted living facilities, or nursing homes.

Each Medicaid program has different eligibility criteria based on how much care a person requires and their financial circumstances. Unfortunately, the most affordable and least restrictive care options also get the least funding. By planning with the law firm of Britton G. Swank, P.A., you can better understand program options and learn how to get help.

How Can I Protect My Assets?

It is possible to become eligible for the Medicaid Institutional Care Program in a crisis, but ideally, it’s better to meet with an elder law attorney before the crisis occurs. Attorney Britton G. Swank can develop an estate plan that includes documents with the authority needed to make you financially eligible for Medicaid benefits if you require long-term care in the future. Without these documents, planning options are limited and may be less advantageous.

Do I Need An Attorney To Protect My Assets?

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 an Elder Law Attorney.

View the Medicaid Planning Brochure

Our Practice Areas

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.

Estate Planning

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.

Guardianship

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.

Medicaid Planning & Asset Protection

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.

Nursing Home Medicaid

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

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.

Probate & Trust Administration

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.

Client's Testimonials

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!”

Mary B.

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.”

Pam A.

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.”

Dorothy M.

Lehigh Acres, FL

Medicaid Planning & Asset Protection

What is Medicaid?

How Does Medicaid Help with Long Term Care Expenses?

Example of Medicaid in an Assisted Living

Is There A Waiting List For Florida Medicaid Long-Term Care Services?

Navigating the Florida Medicaid System

How Can I Protect My Assets?

Do I Need An Attorney To Protect My Assets?

Our Practice Areas

Estate Planning

Guardianship

Medicaid Planning & Asset Protection

Nursing Home Medicaid

Veterans Benefits

Probate & Trust Administration

Client's Testimonials

Practice Areas

Offices

Helpful Links