If you’re a senior in Florida or helping care for one, you’ve likely heard that Medicaid can help cover long-term care costs. But what many people don’t realize is just how complicated the Medicaid system can be. Between income limits, asset rules, trust requirements, and the five-year look-back period, it’s easy to make a mistake that delays or even prevents someone from getting benefits.
That’s why having an elder law attorney on your side can make all the difference.
In his helpful and easy-to-follow book, How to Get Medicaid to Pay for Some or All of Your Long-Term Care Expenses…, Florida elder law attorney Jason Neufeld, Esq. explains how working with the right legal professional isn’t just helpful. In many cases, it’s absolutely necessary. This article explains what elder law attorneys do, how they help with Medicaid in Florida, and why they are your best support when it comes to qualifying for long-term care coverage.
What Is an Elder Law Attorney?
Elder law attorneys are lawyers who focus on legal issues that affect older adults. This includes areas like long-term care planning, estate planning, guardianships, and especially Medicaid eligibility.
In Florida, where the cost of long-term care can quickly reach $10,000 or more per month, elder law attorneys play a very important role in helping families plan for Medicaid. Their job is to help seniors and their families understand Medicaid rules, protect assets legally, and qualify for benefits without spending everything they own.
As Jason Neufeld puts it: “Elder care lawyers who focus on Medicaid planning are simply taking existing state and federal laws and applying them to benefit their clients—to shelter assets legally and ethically.”
These professionals do not try to game the system. They understand the rules and use them to help families protect what they’ve worked for and access the care they need.
Why Medicaid Is So Complicated in Florida
Medicaid is not a simple program, especially when it comes to long-term care. In Florida, Medicaid has both income and asset limits, and those limits are strict. As of 2025, the income limit is $2,901 per month, and the asset limit is $2,000 for individuals.
But knowing the numbers is not enough. Some assets count and others don’t. Some income can be redirected through a trust. Some financial moves will trigger penalties while others are allowed.
Trying to figure all of this out on your own is difficult and risky. As Neufeld explains in his book: “You should never attempt any of the techniques described without the supervision of an experienced Medicaid lawyer… Every case is unique and warrants a review by a qualified Medicaid lawyer.”
That’s because one person’s situation can be very different from another’s, and one mistake could result in being denied Medicaid coverage.
How Elder Law Attorneys Help with Medicaid in Florida
When you work with an elder law attorney for Florida Medicaid, here’s what you can expect.
1. Evaluating Eligibility
First, the attorney will review all financial details. This includes income, bank accounts, retirement funds, insurance policies, home ownership, and even past transactions. Their goal is to understand your situation and identify any issues that could block your Medicaid application.
2. Creating a Personalized Plan
No two Medicaid cases are exactly alike. Some people will need a Qualified Income Trust, while others may benefit from a personal services contract or Medicaid-compliant annuity. A good elder law attorney will explain your options clearly and build a legal plan that fits your needs.
Neufeld notes: “The beauty of working with an elder law attorney who knows the rules well is that they have a toolbox of legal strategies they can tailor to your situation.”
3. Filing the Application
Submitting the Florida Medicaid application is not just about filling out a form. You need to provide official documents for every part of your financial life. That includes gross income from Social Security and pensions, retirement accounts, life insurance policies, and real estate.
For example: “Even if a Medicaid applicant’s only source of income is Social Security, the applicant must produce their actual Social Security benefits verification letter… Medicaid is only interested in ‘gross’ income.”
An elder law attorney will make sure the application is filled out completely and correctly and that all documents are submitted on time.
4. Avoiding Mistakes That Can Hurt You
Many families make innocent mistakes that end up causing problems. For example, adding a parent’s name to a joint bank account may seem helpful but can actually lead to Medicaid disqualification.
“The Department of Children and Families… found out about this and kicked him off Medicaid. This is a well-intentioned mistake made all too frequently… Medicaid must presume all the funds in the account are owned by the individual.”
Elder law attorneys help avoid these common errors and keep your Medicaid application on track.
5. Providing Ongoing Support
Medicaid is not a one-time event. Once you are approved, your eligibility is reviewed each year. If your income or assets change, it could affect your benefits. If you use a Qualified Income Trust, it must be properly funded each month.
“The Miller Trust needs to be properly funded every month the Medicaid recipient wants to continue receiving long-term care benefits. Remember that Medicaid is renewed every year so if there are mistakes in the prior year, it can potentially jeopardize eligibility.”
An elder law attorney helps you stay on track year after year.
How to Choose the Right Elder Law Attorney
Not every attorney is familiar with Florida Medicaid rules. Look for someone who:
- Focuses on Medicaid and elder care issues
- Has handled many Florida Medicaid cases before
- Takes the time to understand your specific needs
- Can explain legal steps in simple language
You may also want to choose an attorney who provides free resources like videos or blog articles. This shows they care about helping people understand their options before making decisions.
Elder Law Attorneys Help Middle-Class Families Too
Some people think that only wealthy families need an elder law attorney, but the truth is, middle-class families are often the ones who benefit the most. These are the families that cannot afford long-term care out of pocket but also want to protect what they’ve saved.
Neufeld writes: “Generally, my clients who need Medicaid planning are middle class folks who have savings… that could be depleted rather quickly if paying $10,000+ per month for skilled nursing care.”
The right legal help can protect that savings while still allowing your loved one to get the care they need.
Get the Right Help Before You Apply
Applying for Medicaid in Florida can feel overwhelming, but you don’t have to figure it out on your own. A knowledgeable elder law attorney can guide you through every step, help protect your assets, and reduce the risk of costly mistakes. Whether you are planning ahead or need help in an emergency, getting legal help early can save your family time, money, and stress.
If you or a loved one needs long-term care, now is the right time to reach out for legal support and make sure everything is done correctly from the beginning.
Discover Practical Help for Florida Medicaid Planning
If you’re considering Medicaid for yourself or a loved one, How to Get Medicaid to Pay for Some or All of Your Long-Term Care Expenses… by Jason Neufeld, Esq. is an excellent place to start. This easy-to-read book offers clear advice and real-life strategies for Florida families handling the Medicaid process. Jason Neufeld is a Florida elder law attorney who has helped many seniors qualify for care without losing their life savings.
To learn more, visit www.ElderNeedsLaw.com, where you can also explore free educational videos on their YouTube channel and browse helpful blog articles at www.ElderNeedsLaw.com/blog.
