Fort Myers Medicaid Attorney

Compassionate Medicaid Guidance in Lee County

Many people do not realize how exorbitantly expensive long-term care is until it is too late. Most private insurance plans do not cover these types of expenses, leaving even well-off families in difficult financial positions as they grow older and require a greater level of medical assistance. For those who qualify, Medicare provides coverage for up to 100 days in a skilled nursing facility, as long as the resident is making progress in their rehabilitation. This coverage can be terminated before the 100 days, however, which is why it is vital to have a plan in place to preserve your loved one's assets.  

You should not have to liquidate or “spend down” your life’s savings to pay the costs associated with nursing homes and long term care. Fortunately, there are ways for a healthy spouse to preserve their life savings from being drained by assisted living costs of their partner. Medicaid benefits can be used to cover many of these expenses, but qualifying (and remaining eligible) is not easy. 

At The Law Office of Kelly L. Fayer, P.A., we are passionate about bringing relief to the people of our community. We strive to create a strategy that allows individuals to qualify for Medicaid and get the benefits they need to pay for long-term care expenses. No matter where you are in the planning process, our Fort Myers Medicaid lawyer will work closely with you and provide the attentive, personal guidance required to get the resources you need and deserve. 

If you are concerned about the affordability of long-term care for yourself or a loved one, do not hesitate to call (239) 208-0189 or contact us online.

Qualifying for Medicaid in Florida 

The reality is that many Florida residents afford expensive long-term care costs by leveraging Medicaid benefits. However, the Medicaid program enforces strict eligibility requirements, among them strict income and asset limits. This means that Medicaid recipients can never have too much income or too many valuable assets. 

The Medicaid program’s income and asset limits are also very low, making it seemingly impractical to qualify. One ill-advised strategy is to “spend down” assets until you become eligible by default. There are almost always better options available.

Applying for Medicaid in Florida

You should not attempt to apply for Medicaid without first discussing your case with a legal professional. Medicaid laws are constantly changing and are highly complex. Florida has a five-year “look back” period when it comes to receiving benefits, meaning an applicant may be denied if it is found that they have given away or transferred assets at a rate below fair market value within five years of applying for Medicaid. Since Medicaid is a needs-based program, this look-back period is meant to prevent fraud; however, knowing what transfers are exempt can be confusing. Attempting to apply without assistance or trying to engineer financial circumstances that qualify you for Medicaid can result in a denial of benefits and even future ineligibility. 

At The Law Office of Kelly L. Fayer, P.A., we will work to facilitate your eligibility and carefully assist you. Our Fort Myers Medicaid attorney will help create and implement a custom plan tailored to your unique circumstances. We are committed to getting you the benefits you need to afford long-term care and will provide comprehensive support from beginning to end.

Frequently Asked Questions

What are Florida's Medicaid income and asset limits for long-term care?

For 2026, a single applicant generally must have gross monthly income below $2,982 and countable assets below $2,000 to qualify for Florida's long-term care Medicaid programs (including nursing home and home and community-based services). These figures change each year, and what counts as "income" or a "countable asset" is not always obvious, which is why it is worth reviewing your specific financial picture with an attorney before assuming you do or do not qualify.

What happens if my income is slightly over the limit?

Florida is an "income cap" state, which means exceeding the monthly income limit does not automatically disqualify you. Many applicants in this situation use a Qualified Income Trust (sometimes called a Miller Trust) to legally redirect excess income so they can still qualify for benefits. Setting one up correctly, and understanding how it affects your monthly contribution toward care, is a task best handled with legal guidance rather than on your own.

Can my spouse keep our home and savings if I need nursing home care?

Florida law includes spousal protections designed to prevent a healthy spouse from being left destitute while their partner receives Medicaid-covered care. These protections can allow the community spouse to retain a portion of the couple's combined assets, a monthly income allowance, and the family home, depending on the circumstances. The rules are detailed and depend on how assets are titled, which is why early planning makes a meaningful difference in what a spouse is able to keep.

What is the Medicaid "look-back" period, and why does it matter?

Florida reviews an applicant's financial transactions going back five years (60 months) from the date of application. If assets were given away or sold for less than fair market value during that window, the applicant can face a penalty period during which Medicaid will not pay for care. Not every transfer triggers a penalty, but distinguishing an exempt transfer from a disqualifying one requires a careful review of the transaction and its timing.

Will I lose my house if I go on Medicaid?

Not necessarily. A primary home is generally exempt from the asset limit as long as the applicant intends to return home, or a spouse or qualifying dependent continues to live there, and the applicant's equity in the home stays under Florida's home equity limit. However, Medicaid's estate recovery program may seek reimbursement from the estate after the recipient passes away. Planning ahead can help protect the home for your family while still allowing you to qualify for benefits.

Is it true that I have to "spend down" my savings before I can qualify?

Spending down is one way to reduce countable assets, but it is rarely the best way. Families who liquidate savings or write checks directly to a nursing home often give up resources unnecessarily. There are legal strategies, such as converting countable assets into exempt ones or using specific types of trusts, that can preserve more of a family's resources while still achieving Medicaid eligibility.

What is the difference between Medicare and Medicaid when it comes to paying for long-term care?

Medicare is a federal insurance program tied to age or disability, and it only covers a limited number of days in a skilled nursing facility when a patient is actively improving through rehabilitation. It was never designed to pay for long-term custodial care. Medicaid, by contrast, is a needs-based program that can cover extended nursing home stays and certain home or assisted living care, but it comes with strict financial eligibility requirements that Medicare does not have.

How long does the Medicaid application process take in Florida?

Processing times vary, but applicants should generally expect it to take several weeks to a few months from submission to a final eligibility determination, particularly if the Department of Children and Families requests additional documentation. Incomplete applications or unresolved asset issues are common causes of delay or denial, which is why it helps to have your documentation and planning in order before you file.

Can I apply for Medicaid on my own, or do I need an attorney?

You are not required to have an attorney to apply, but Medicaid rules are complex, change frequently, and leave little room for error. A denial can be costly to appeal and may create delays in getting benefits approved. Working with an attorney before you apply helps ensure your application reflects a plan that has already accounted for the income cap, asset limits, and look-back rules, rather than discovering a problem after the fact.

When is the right time to start Medicaid planning?

Ideally, planning begins well before care is needed, since many of the most effective strategies rely on the five-year look-back period and work best when there is time to implement them. That said, it is never too late to get guidance. Even families facing an immediate nursing home placement have options, such as spousal protections and qualified income trusts, that can still reduce what is spent out of pocket.

If you have questions about qualifying for Medicaid benefits, contact us online or call (239) 208-0189. We assist clients in Bonita Springs, Cape Coral, Estero, Fort Myers, Lehigh Acres, and North Fort Myers.