Florida Medicaid Attorneys & Elder Law Guidance

As a Florida Medicaid attorney, many families first come to us when they’re worried about the cost of long-term care. A common misconception is that Medicaid is only for low-income individuals. In reality, most of my clients are hardworking, middle- or upper-middle-class people who saved for retirement, only to be caught off guard by the staggering expense of care—whether it’s home health services, assisted living, or nursing facilities. My job is to help them access the benefits they need, protect their savings, and connect them to resources that improve their quality of life.

When Is the Right Time to See a Medicaid Planning Lawyer?

Conversations about illness, incapacity, and aging are never easy, but they are inevitable. The greatest risk to your retirement funds is often not the economy—it’s the high cost of long-term care.

Medicaid planning attorneys create legal strategies that allow families to pay for care while preserving their assets for spouses and heirs.

The reality is simple:

• The wealthy can cover costs out of pocket.

• Low-income families already qualify for Medicaid.

• The middle class is most vulnerable—earning too much to qualify, but not enough to pay privately.

This is where planning becomes essential. At MRN Law, P.A., we guide families through the process so they can qualify for Medicaid benefits sooner and keep their hard-earned savings intact.

Medicaid Qualification in Florida

To be eligible for Medicaid Waiver or Institutional Care Program (ICP) benefits in Florida, an applicant must:

• Reside in Florida and be a U.S. citizen or permanent resident.

• Meet the income requirement: less than $2,901/month (2025). Higher income may be managed through a Qualified Income Trust.

• Meet the asset requirement: less than $2,000 in countable assets. Some property, like a homestead, may be exempt.

• Satisfy the medical needs test: based on Activities of Daily Living (ADLs).

  • Help with 2 ADLs = assisted living level.

  • Help with 3+ ADLs = nursing home level.

  • Dementia diagnoses often qualify automatically.

Because many applicants exceed the income or asset limits, much of my work focuses on lawful planning methods to help families qualify without depleting their resources.

Why Medicaid Rules Are Not the Same Everywhere

Although Medicaid is federally regulated, each state can adjust certain rules within federal guidelines. For instance, states set their own allowances for personal needs and protections for community spouses. In Florida, nursing home residents currently receive a $160 monthly personal needs allowance.

Because state-specific differences matter, families should always work with an attorney in the state where care will be provided to ensure eligibility and compliance.

What to Bring to Your First Consultation

I encourage clients to bring family members and trusted advisors to the initial consultation. This ensures that everyone understands the planning process and can ask important questions directly. Waiting too long can make qualification more difficult, so it’s better to start right away—even if not all documents are immediately available.

To begin, we provide a financial worksheet. Eventually, families will need to supply:

• Recent statements for bank, investment, and retirement accounts.

• Proof of all income sources.

• Copies of insurance policies and funeral arrangements.

• Estate planning documents such as Wills, Trusts, and Powers of Attorney.

• Real estate deeds and relevant agreements.

• Family contact information and proof of citizenship.

• Health insurance cards and medical records.

• Documentation of living expenses and debts.

This information allows us to craft a personalized strategy that protects assets and ensures access to the right level of care.

Get Started Today

The most important step is scheduling your consultation. Once we understand your circumstances, we can begin designing a Medicaid plan that meets your needs, safeguards your assets, and provides peace of mind for your family.

Reach out to MRN Law, P.A. today to begin your Medicaid planning journey.