Medicaid Planning Attorney

Medicaid Coverage in Florida

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Long-term care costs can run $10,000 a month or more. That kind of bill shouldn't be allowed to deplete a lifetime of assets, and with the right Medicaid planning attorney, it doesn't have to.

Most families in the Tampa Bay area don't think about Medicaid planning until there's already a crisis, such as a bad fall, a medical diagnosis, or a sudden move into a memory care facility. By then, options are narrower, and the financial stakes are higher. We’re here to help you prevent that.

With over 40 years of combined experience, our team at atCause Law has helped hundreds of Pinellas County families protect their assets and get their loved ones the care coverage they need, without having to give up their home or assets. A Medicaid planning attorney builds a legal strategy around your specific situation so that Florida Medicaid works for your family, not against it.
 

What Exactly is Medicaid Planning?
 

Medicaid planning is the legal process of structuring your finances so you (or a loved one) can qualify for Florida Medicaid long-term care benefits while protecting as much of your estate as possible. It's a well-established area of elder law that Florida statutes explicitly support.
 

Under Florida Statute §409.9101, Florida Medicaid has a 60-month (5-year) look-back period on asset transfers. That means any gifts or asset moves made within five years of applying can trigger a penalty and deny you Medicaid. Getting this wrong is one of the most common and costly mistakes families make.
 

The right Medicaid planning attorney structures everything correctly, from the timing to the asset protection tools to the applications, so that you can fully rely on it when you need it.
 

What Does Florida Medicaid Actually Cover?
 

Most Floridians access Medicaid through the Statewide Medicaid Managed Care (SMMC) program, which breaks down into three main tracks:
 

• Managed Medical Assistance (MMA) covers the day-to-day healthcare needs—doctor visits, hospital stays, prescriptions, mental health services, and medical transportation.

• Long-Term Care (LTC) is the piece most relevant to our clients. It covers nursing facility care, select assisted living, and in-home care for individuals 18 and older who meet nursing home level of care criteria. This is the track that requires the most planning—and where the rules around assets and income matter most.

• Dental Services covers designated dental care for both children and adults.
   

Who Qualifies?
 

To be eligible for Florida Medicaid, you generally need to be a Florida resident and a U.S. citizen or have a qualifying immigration status. From there, eligibility depends on your situation—age 65 or older, a disability, blindness, pregnancy, or having a child under 18 in the household. Income and asset limits also apply, and they vary depending on which program you're applying for.
 

That last part—the income and asset piece—is where most families run into trouble on their own. The rules are specific, the thresholds matter, and the way your finances are structured going into an application can mean the difference between approval and denial. That's exactly what a Medicaid planning attorney helps you get right.
 

Florida Has Rules. We Know Them Cold.
 

Depending on your situation, our Medicaid planning attorney may use strategies like:

• Spousal protection planning. If one spouse needs nursing care and the other is still at home, Florida's Community Spouse Resource Allowance rules allow the at-home spouse to keep a good portion of joint assets. Most families don't realize how much they're entitled to keep.
   

• Homestead protections. Under Florida Statute §222.05, your primary residence is generally an exempt asset for Medicaid eligibility. We make sure it stays protected—including from estate recovery after the fact.
   

• Qualified Income Trusts. Florida's income cap for long-term Medicaid is $2,829/month. If income exceeds that, a Miller Trust is legally required to qualify. 
   

• Medicaid Asset Protection Trusts. For families planning ahead, these irrevocable trusts can protect assets outside the look-back period and preserve an inheritance for the next generation.
   

• Full application support. We prepare and submit your application to the Agency for Health Care Administration (AHCA) and stay with you all the way to approval.
   

We Know This Community, Because We're Part of It
 

Our office sits at 314 S. Missouri Ave. in downtown Clearwater, a short drive from Morton Plant Hospital, Clearwater Beach, and dozens of senior care facilities scattered across Pinellas County. We planted roots here because this is where our clients are, and being close matters when families are dealing with something this important.
 

We've spent years working alongside the families of Clearwater, Dunedin, Safety Harbor, St. Petersburg, and everywhere in between. We know the local care facilities, the agencies, and the differences of how Medicaid cases move through the system in this part of Florida—and we use that knowledge to move yours forward faster and with fewer surprises.
 

When you call atCause Law, you're getting a team that has sat across the table from people just like you, in situations just like this, and helped them come out the other side with their family's finances intact and their loved one cared for.
 

Frequently Asked Questions About Medicaid Planning
 

Is it too late to plan if my loved one already needs care?

Not always. Even after someone enters a nursing facility, there may still be planning strategies available—especially when it comes to protecting a spouse's assets at home. Options do get narrower the longer you wait, so calling sooner is always better. But it's rarely too late to do something meaningful.
 

Will Medicaid take my parents' home?

Not while a spouse, minor child, or disabled dependent lives there. Florida's homestead exemption under §222.05 protects the primary residence during the Medicaid recipient's lifetime. That said, Florida does operate a Medicaid Estate Recovery Program (MERP) that can pursue claims after death. Planning with an attorney is the most reliable way to protect the home entirely.
 

What if we've already been making gifts to family members?

That's one of the first things we look at. Florida Medicaid reviews all asset transfers within the 60-month look-back window. Depending on the timing and amounts, there may be a penalty period. There are also legal strategies for addressing prior transfers. Either way, you need to know where you stand before filing.
 

How is Medicaid planning different from just applying for Medicaid?

Applying for Medicaid is filling out forms. Medicaid planning is the work you do before (and sometimes during) that process to make sure you actually qualify, that you're not leaving protected assets on the table, and that the application doesn't trigger penalties. Without planning, many families either get denied or spend down far more than they needed to.
 

Contact atCause Law Today
 

The families who come out of this in the best shape, assets protected, coverage secured, no last-minute scrambles, are almost always the ones who started planning before things became urgent.
 

If someone you love is aging, managing a chronic illness, or already in care, now is the right time to talk. Our Medicaid planning attorney team will give you a clear picture of your options, what strategies are available, and exactly what it costs to work with us—upfront, flat-fee, no surprises.

Get your consultation today or call 727-477-2255