FAQ

Florida Medicaid Attorney - FAQs

Question: Is it useless to pursue Medicaid planning because only the very poor will ever need Medicaid benefits? 

Answer: Nursing home costs average around $7,500 per month or $90,000 per year in the state of Florida.  Unless a person is very wealthy or has adequate long term care insurance, A Florida Medicaid attorney knows Medicaid is the only alternative

Question: Does a potential Medicaid applicant and their spouse have to give or spend all their assets down in order to qualify for Medicaid?
 
Answer: No, Medicaid permits the spouse of the applicant to retain $109,560.  Additionally, uncompensated transfers will almost certainly result in a penalty period in which the applicant must privately pay for their nursing home cost of care.

Question: Must a Medicaid applicant sell their home prior to applying for Medicaid benefits.

Answer: There is no such rule and in fact, a Medicaid applicant’s home is considered an exempt asset as long as they intend to return home no matter how remote the possibility.
 
Question:  What is the income cap in Florida for Medicaid applicants and what effect does it have.

Answer: The state of Florida is an income cap state which means the maximum amount of income an individual can make in any given month is $2,022 per month, however, through the use of a qualified income trust, which a Florida Medicaid attorney can help you develop, an applicant can still become eligible for Medicaid benefits even if their income is above $2,022 per month.

Question: Do Medicaid patients receive less or lower quality of care than private pay patients?

Answer:  It is against the law to discriminate against Medicaid patients and most care givers in nursing homes do not know who is on Medicaid versus those who are not.
  
Florida Medicaid attorney Thomas Upchurch serves the entire Central and North Florida Areas including Daytona Beach, Port Orange, Deland, Ormond Beach, Jacksonville, Palm Coast, Orlando, Saint Augustine and New Smyrna Beach. . If you have any questions regarding estate planning, we urge you to contact us at (386) 255-1925 to schedule a free 30 minute telephone consultation.  In the alternative, you can email us at tupchurch@upchurchlaw.com and we’ll gladly respond to your inquires.  Home and Hospital visits are also available. 

Case Study

In February 2011, Ann contacted us about her mother, Judy, a long time estate planning clien...

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Contact Us

Daytona Beach
Phone: 386.255.1925
Fax: 386.255.9118
444 Seabreeze Blvd. Suite 1003
Daytona Beach, FL 32118

tupchurch@upchurchlaw.com