A Safety Net for Seniors and Their Families
Elder Law
Long-term care planning, Florida Medicaid qualification, special needs trusts, and asset protection — designed around the realities of aging.
What is elder law in Florida?
Elder law focuses on the legal needs of older adults and their families. It overlaps significantly with estate planning but emphasizes the realities of aging — incapacity, the cost of long-term care, and the rules of programs like Medicaid, Medicare, and Social Security.
The cost of skilled nursing care in Florida averages $8,000–$12,000 per month. Without planning, even a substantial estate can be exhausted in just a few years.
Lauren helps families plan to qualify for Florida Medicaid while protecting the community spouse, the family home, and a meaningful legacy for children and grandchildren.
What elder law planning addresses
- Avoiding court-ordered guardianship through advance planning
- Protecting the home and the community spouse
- Coordinating Medicaid with Veterans Aid & Attendance benefits
- Updating estate plans as health and family circumstances change
- Planning for adult children with developmental disabilities
- Asset protection strategies that respect the 5-year lookback
Florida Elder Law Services
Each family's situation is different. Lauren tailors the plan to your specific circumstances — the senior's health and assets, the community spouse's needs, the family caregivers, and any disabled children or grandchildren.
Medicaid Planning
Planning to qualify for Florida Medicaid long-term care benefits while preserving as much of the family's wealth as possible — within the boundaries of the law.
Qualified Income Trusts (Miller Trusts)
Establishing the QITs required when an applicant's income exceeds the Florida Medicaid income cap.
Personal Services Contracts
Drafting compliant contracts that allow family caregivers to be paid for the care they already provide — converting assets into legitimate spending.
Special Needs Trusts
First-party and third-party special needs trusts that preserve eligibility for SSI and Medicaid for a disabled child or family member.
Community Spouse Protection
Protecting the "well" spouse's standard of living when the other spouse enters skilled nursing care.
Long-Term Care Planning
Coordinating long-term care insurance, Medicaid planning, VA benefits, and family resources into a coherent plan.
How does Florida Medicaid long-term care planning work?
Florida Medicaid will pay for skilled nursing care, but only for applicants who meet strict income and asset limits. With careful planning — well in advance of a crisis when possible — most families can qualify while preserving meaningful resources for the community spouse and children.
Income Cap & QIT
Florida is an "income cap" state. If the applicant's income exceeds the cap, a Qualified Income Trust is required.
5-Year Lookback
Florida Medicaid examines the last 5 years of asset transfers. Improperly handled gifts can trigger a penalty period of disqualification.
Spousal Protections
The Community Spouse Resource Allowance protects a portion of the couple's assets for the well spouse — up to $154,140 in 2024.
Florida Elder Law FAQ
What is elder law in Florida?
Elder law focuses on the legal needs of older adults and their families — long-term care planning, Medicaid eligibility, special needs planning, asset protection, advance directives, and guardianship avoidance. It overlaps significantly with estate planning but emphasizes the realities of aging, incapacity, and the high cost of care.
What is a Qualified Income Trust (Miller Trust) in Florida?
A Qualified Income Trust — also called a Miller Trust or Medicaid Income Only Trust — is required for Florida Medicaid applicants whose monthly income exceeds the Medicaid income cap. Income deposited into the QIT does not count toward the cap, allowing the applicant to qualify for Medicaid long-term care benefits.
What is a Personal Services Contract in Florida Medicaid planning?
A Personal Services Contract is a written agreement under which a family member is paid to provide care for an aging parent or relative. Properly drafted, it allows the senior to spend down assets in a way that complies with Florida Medicaid rules — converting countable assets into compensation for legitimate caregiving services.
How can I protect a "community spouse" when one spouse needs nursing home care?
Florida Medicaid spousal protections (the Community Spouse Resource Allowance) allow the well spouse to retain a portion of the couple's assets. With proper planning — including the right use of trusts, annuities, and asset reallocation — the community spouse can maintain financial security while the institutionalized spouse qualifies for Medicaid.
What is a special needs trust?
A special needs trust holds assets for the benefit of a disabled individual without disqualifying them from means-tested government benefits like SSI and Medicaid. Florida recognizes both first-party (self-settled) and third-party special needs trusts, each with specific drafting requirements.
Related Practice Areas
Plan Today, Protect Tomorrow.
The earlier you plan, the more options you have. Call for a free 15-minute consultation about long-term care, Medicaid planning, or special needs trusts.