Medicaid Planning
At Linde Legal, we help clients in Coral Gables and throughout South Florida develop lawful Medicaid planning strategies that protect assets while qualifying for long-term care benefits. Many families believe they must spend down their life savings to receive Medicaid assistance, but with proper planning, that is often not the case. However, time is of the essence when it comes to Medicaid planning.
With Florida nursing home costs often exceeding $9,000 per month, long-term care can quickly deplete personal savings. At Linde Legal, our experienced Medicaid planning attorneys help seniors and their families navigate both pre-crisis planning and urgent crisis planning, ensuring you qualify for Medicaid benefits while protecting as many assets and sources of income as possible.
Our lawyers handle both pre-crisis proactive planning and crisis planning. ​Whether you are planning ahead, considering assisted living, or already in a nursing home, we create a tailored strategy to avoid unnecessary spend-down, preserve your savings, and protect your legacy.
How We Help
Pre-Crisis Planning
Proactively plan for future in-home, nursing home, or assisted living care and safeguard assets.
Crisis Planning
Secure immediate Medicaid eligibility, reduce penalties, and protect a spouse’s income and assets.
Asset Protection
Minimize spend-down requirements and preserve your life savings and legacy.
Medicaid Qualification
Navigate Florida Medicaid rules to ensure coverage for long-term care.
Long-Term Care Guidance
Support for nursing home, assisted living, or in-home care decisions.
Estate Planning
Protect your family, preserve your wishes, and create clarity during difficult times.
Proactive "Pre-Crisis" Medicaid Planning
Pre-Crisis Planning is a proactive approach to long-term care and Medicaid planning. Starting early increases your ability to substantial portion—often all—of your assets and avoid costly mistakes. Our Medicaid planning attorneys evaluate your situation and create a strategy to help secure your financial future.
Candidates for pre-crisis protection planning may include those who are:
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Healthy and living at home with no assistance and want to plan ahead so they can age in the comfort of their own home
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Recently diagnosed with a chronic illness, but are still able to manage self-care activities and have time to plan their affairs
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Concerned about the cost of future long-term care and want to avoid burdening their children or relatives.​
Immediate "Crisis" Planning
Crisis Planning is essential when immediate long-term care is needed to protect your health and safety, whether at home, in an assisted living facility, or a nursing home. In many cases, individuals are already receiving care and paying out of pocket, causing costs to add up quickly.
In these urgent situations, delays in seeking legal guidance can result in the loss of thousands of dollars, making prompt action critical to protect your assets and secure Medicaid benefits.​
Candidates for crisis planning may include those who:
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Need of long-term care outside the home like in an assisted living facility or nursing home
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Rely on family or professional caregivers
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Must take immediate action to pay for care without bankrupting themselves or their family
Understanding Florida Medicaid for Long-Term Care
Eligibility rules are strict and include income limits, asset limits, and a five-year look-back period. Medicaid is a government benefit program that can help cover the cost of:
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Nursing home care
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Assisted living (in certain circumstances)
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In-home care services
The Five-Year Look-Back Rule
Florida Medicaid reviews financial transactions made within the five years prior to application. Proper planning in advance can prevent these issues. Improper transfers can result in:
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Penalty periods
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Delayed eligibility
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Out-of-pocket expenses​
Asset Protection Strategies
Planning must be tailored carefully to comply with Florida law. Every case is unique, but strategies may include:​​
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Medicaid-compliant trusts
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Asset repositioning
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Spousal protection planning
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Homestead preservation
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Personal service contracts
Common Medicaid Mistakes to Avoid
​Medicaid planning requires precision. Some common mistakes to avoid include:​
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Gifting assets without legal advice
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Adding children to property titles
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Waiting too long to seek help
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Relying on informal advice
Protecting the Healthy Spouse
Florida law includes protections for the community spouse. We ensure both spouses are considered in the strategy. Proper planning can help:
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Preserve income
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Protect savings
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Avoid financial hardship​
What to Expect During Your Consultation
During your consultation, we will discuss the following and you'll leave with clarity and direction.
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Review assets and income
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Evaluate care needs
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Identify eligibility risks
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Outline a clear legal strategy
Frequently Asked Questions about Medicaid Planning
How much can I have and still qualify for Medicaid in Florida?
Can I give my assets to my children to qualify?
Does Medicaid take your house?
Is it too late to plan if my parent is already in a nursing home?
Asset and income limits change periodically. Eligibility depends on marital status and financial structure.
Improper gifting can trigger penalties. Professional guidance is critical before transferring assets
Florida homestead protections are strong, but estate recovery rules may apply in certain cases.
Not necessarily. Crisis planning strategies may still be available to avoid paying care costs out of pocket. In these situations, delays in seeking counsel could result in losses of thousands of dollars.
Get Help with Florida Medicaid Planning
With the right strategy, you can receive the care you need while preserving your independence and financial security.
Contact Linde Legal today to start your comprehensive Medicaid planning strategy and protect your future.