Jacksonville Medicaid Planning Lawyer

Medicaid Planning Attorney in Jacksonville, FL

When you or a loved one who is 65 or over needs Medicaid benefits in order to pay for long-term care, you will likely need some guidance. The rules and regulations in this area of law change often and present many challenges to the unwary. They may differ slightly based on whether you receive nursing home care or home-based care and whether you are married. A Jacksonville Medicaid planning lawyer can guide you through Florida’s complex legal process.

Hire a Medicaid Planning Lawyer Today

At the Law Office Of Douglas A. Oberdorfer, P.A., our legal team is ready to give you that guidance. Douglas Oberdorfer has been practicing law for over 20 years and helping older clients throughout Florida since 2003. He can help you figure out what you will need to do in order to qualify for assistance and how to correctly protect your assets.

Why Do You Need to Plan for Medicaid?

In 2024, around 161,573 residents of Jacksonville were aged 65 and older. Once you determine that you will need assistance from Medicaid to afford your long-term care, you may wonder why you should plan for it. You could simply apply, but you may step into some hidden traps along the way.

An experienced elder law attorney can look at your situation to help you take the right steps, avoiding those traps and answering your questions. For example, you may want to consider the following issues:

1. The income and asset levels to qualify for Medicaid: Eligibility for Medicaid depends on how much you own in cash, investments, and other assets, as well as your monthly income. In 2024, the average household income in Jacksonville was $72,389. However, 14% of seniors in Jacksonville, age 65 and older, were living in poverty. It’s important to hire a Medicaid planning lawyer to help you. Your attorney can assist you in various ways depending on your specific income.
2. The assets that are in your name: Certain assets are not considered under Medicaid rules, such as your homestead (up to a certain value). Other assets can count against you.
3. Married versus single: The rules are different for the spouse staying at home, and the way you count your assets depends on your marital status.
4. Any transfers of property in the last five years: When counting your assets, Florida will look at any gifts or other transfers you made for less than an item’s value in the past five years.
5. How to become eligible if you are over the asset limit: You may need to “spend down” some of your assets, following specific rules, until you reach the eligibility limit.

These are just a few of the complicated factors that go into determining your eligibility and making sure you qualify for the most benefits possible. The Medicaid application process in Florida is overseen by the Agency for Health Care Administration. Your attorney can help you during the entirety of the Medicaid planning stages and the future application process.

Florida Medicaid Planning Laws: Asset Protection and Estate Recovery

In addition to qualifying for Medicaid, you may worry that you will lose everything you own. Given the strict asset and transfer rules, you have a good reason for your concern. An experienced elder law attorney in Jacksonville can help you determine what assets you can keep or transfer to another family member without violating the rules.

If these transfers are not done properly, the state may try to reclaim the property after your death in an estate recovery action.

Legal assistance is an allowed expenditure under the Medicaid rules and an investment that is often well worth the expense. The further ahead you plan for your long-term care needs, the more control you will have over your estate. We are also happy to review cases of Medicaid rejection.

FAQs

How Does an Irrevocable Living Trust Help Me Qualify for Medicaid?

An irrevocable living trust can help you qualify for Medicaid by absorbing some of your income. This type of trust is a tool used during estate planning. You place specific assets into the trust with a named beneficiary to inherit the assets when you pass away. Once created, an irrevocable trust can’t be changed or canceled, and assets placed in it legally belong to the trust. Because they no longer legally belong to you, this reduces your overall income.

How Can a Florida Medicaid Planning Attorney Help Me?

In Florida, a Medicaid planning attorney can help you by assessing your financial situation to see if you qualify for Medicaid. Medicaid and federal law have specific rules that can make it complicated for a person to qualify, especially if they aren’t well-versed in law. An experienced elder law lawyer can help you prepare your application and make sure you’re legally compliant, as well as assist in the appeals process if denied.

What Options Do I Have if My Medicaid Application Is Denied?

If your Medicaid application gets denied, you can file a request for the decision to be appealed. Denials often happen because an applicant has too much income or assets, didn’t complete the application properly, or isn’t considered medically necessary for long-term care. While waiting for your hearing, you and your attorney can gather evidence and supporting documents to support your appeal. Your attorney can represent you during the hearing.

What Are Spousal Impoverishment Protections During the Medicaid Process?

During the Medicaid process, spousal impoverishment protections help protect your spouse from living in poverty if you require long-term care. Because Medicaid has strict income and assets limits, you may need to lower your overall income to qualify. However, if your spouse doesn’t need long-term care, this can put their livelihood in jeopardy. There are laws that protect a certain amount of joint resources so that the spouse who doesn’t need care can stay protected.

How Do I Qualify for Medicaid in Florida in 2026?

You must meet income and asset limits to qualify for Medicaid in Florida in 2026. If you are single and applying for nursing home care, your income must be under $2,982 per month and your assets under $2,000. If married, your combined income must be under $5,964 per month, and your assets must be under $3,000. The type of care you apply for can make the income and assets limits vary, making it important to work with an attorney.

Review Your Medicaid Plan With Our Jacksonville Medicaid Planning Attorney

Consult with Douglas Oberdorfer in a free initial consultation. Schedule your appointment by calling our Jacksonville office at 904-299-6912 or contact us online.