Protecting What Matters Most
Your Loved Ones and Your Legacy
If you or a family member is facing the possibility of long-term care, you may be wondering how to afford it without losing everything you’ve worked for. At Tampa Bay Elder Law Center, we help individuals and families across Hillsborough, Pinellas, and Pasco Counties understand and navigate Medicaid planning, whether you’re preparing ahead or facing a crisis situation.
With the rising costs of nursing home, assisted living care, or home health care, it’s never too early (or too late) to plan. Our firm focuses on making Medicaid eligibility while helping you to protect your assets, your home, and your family’s future.
At Tampa Bay Elder Law Center
Why Medicaid Planning Matters
Long-term care can cost $10,000 or more per month in Florida. Without Medicaid benefits, those costs can quickly drain your savings. Medicaid planning ensures you or your loved one can receive necessary care while preserving income and assets for a healthy spouse or for your heirs.
We assist clients who:
- Are concerned about paying for a spouse's or parent's nursing home care, or their own care
- They are already in crisis and need to qualify quickly
- Want to preserve their home or assets for loved ones
- Need guidance on Qualified Income Trusts (Miller Trusts) to meet Medicaid income caps
- Creation and funding of a Personal Services Contract in order to legally reduce assets
- Make gifts to a spouse or disabled child to reduce assets
- Creation of promissory notes to create an income producing asset which may be exempt from Medicaid consideration
Services
Our Medicaid Planning Services
We provide clear, compassionate legal guidance tailored to your situation. Our services include:
Pre-Planning vs. Crisis Planning
- Pre-Planning: Ideal for those planning years ahead. Helps protect assets in advance, using trusts, deeds, and other legal strategies.
- Crisis Planning: For those who need immediate Medicaid coverage due to sudden illness, injury, or nursing home admission. We act quickly to develop a legal strategy that allows you to qualify while protecting what you can.
Qualified Income Trusts (Miller Trusts)
If your income exceeds Florida’s Medicaid income limit, you’ll need a Qualified Income Trust to qualify. We help draft and fund these trusts properly so your application may be approved and avoid a delay in Medicaid coverage.
Personal Services Contracts
If your assets exceed the Medicaid asset limit, you may be able to utilize a Personal Services Contract as a means of transferring assets without a Medicaid penalty. We help draft and fund these contracts properly so your application may be approved and avoid a delay in Medicaid coverage.
Medicaid Application Assistance
We guide clients through the complex Medicaid application process, ensuring accuracy and compliance with asset and income requirements.
Asset Protection Strategies
We evaluate your financial situation to determine what can be preserved, such as your home, car, or savings, and develop legal solutions to legally protect your assets without a Medicaid penalty.
Powers of Attorney and Supporting Legal Tools
We help establish or update durable powers of attorney, which are essential for Medicaid planning and asset management.
At Tampa Bay Elder Law Center
Who We Help
Most of our clients are middle-aged or older adults planning for themselves, or adult children acting on behalf of a parent. Whether you’re just starting to think about long-term care or are in the midst of a healthcare crisis, we can help.
Typical client scenarios:
- A spouse has recently been diagnosed with dementia, and care needs are increasing
- A parent needs immediate nursing home placement, but the family is unsure how to afford it
- A healthy spouse wants to remain in the family home while their partner transitions to long-term care
- A client is over the Medicaid income cap and needs a Qualified Income Cap to qualify
- A client is over the Medicaid asset limit and needs to structure their assets to be able to qualify
Why Choose
Tampa Bay Elder Law Center?
Our firm brings deep experience in elder law and Medicaid regulations. We take the time to explain your options in plain language and are known for our compassionate, client-centered service. We don’t just help you apply for Medicaid—we help you plan wisely and feel peace of mind.
We serve Hillsborough, Pinellas, and Pasco Counties and can help with Medicaid cases throughout Florida.
Frequently Asked Questions
FAQs About Medicaid Planning
What Is Medicaid Crisis Planning?
Crisis planning happens when someone is already in or about to enter a nursing home, or needs assisted living or home health care, and they are not yet eligible for Medicaid. We help you qualify quickly, legally, and with minimal financial loss.
When Does Crisis Planning Usually Happen?
It often starts when someone is hospitalized, diagnosed with dementia, or suddenly can no longer live independently and needs long-term care immediately.
Why Work with an Elder Law Attorney for Medicaid Planning?
An elder law attorney understands the complex Medicaid rules and knows how to legally protect assets while helping you qualify. Without proper legal guidance, you could make costly mistakes or be denied benefits.
Can A Lawyer Help Me Obtain Medicaid?
Yes, we assist with all parts of the application, including submitting the application and follow-up documents, preparing financial disclosures, creating trusts and personal services contracts, if needed, and communicating with the Florida Medicaid office.
Who Can I Talk to About Medicaid Questions?
Our office is happy to speak with you or your family members. We explain things clearly, without legal jargon.
How Do I Avoid Medicaid Taking My Assets?
Proper planning using trusts, exemptions, and other legal tools can protect many types of assets, including homes and savings. Timing and strategy are key.
If Your Medicaid Application Is Denied, Can You Still Get Medicaid?
Yes, you may be able to appeal or reapply with corrections. We often help clients who were previously denied get approved.
How Long Does It Usually Take for Medicaid to Get Approved?
Approval can take 30–90 days or more, depending on the completeness of the application and the complexity of your case.
What Makes a Trust a Qualified Income Trust (Miller Trust)?
It must be properly drafted and funded each month with income above the Medicaid limit. We ensure it meets Florida's legal standards.
Why Might You Need a Qualified Income Trust?
If your gross monthly income is over Florida’s Medicaid cap (currently around $2,901 in 2025), you must use a Qualified Income Trust to qualify.
Why Might You Need a Personal Services Contract?
If your total assets are over Florida’s asset cap, you may be able to transfer assets to a family member who is providing services to you.
Contact US
Contact Tampa Bay Elder Law Center for Medicaid Planning in Tampa
Don’t navigate Medicaid alone. Whether you’re planning ahead or dealing with a sudden long-term care situation, we’re here to help you make smart decisions and protect what matters most.
Schedule a consultation today with Tampa Bay Elder Law Center. Let’s build a plan that brings clarity, support, and peace of mind to your family.