At Burzynski Elder Law, we understand that planning for the cost of long-term care is one of the most pressing financial challenges facing older adults and their families in Southwest Florida. With nursing home care often exceeding $10,000 to $14,000 per month in the Naples area, most families quickly realize that personal income and savings alone will not be enough to cover these expenses without significant financial risk.
That’s where Asset Protection and Medicaid Planning becomes essential. Our elder law team provides strategic legal solutions to help you preserve assets, qualify for long-term care Medicaid, and ensure peace of mind for both the individual needing care and the family members supporting them. Whether you’re planning proactively or in the middle of a care crisis, we can help.
Medicaid is one of the few government programs that covers the long-term care costs associated with skilled nursing facilities. However, qualifying for Medicaid in Florida involves strict income and asset limitations—and improper planning can lead to penalties, delays in coverage, or even denial of benefits. That’s why it’s critical to consult with an experienced elder law attorney before making financial moves like gifting assets or transferring property.
Our Medicaid planning services aim to:
Here is a link to the updated figures that affect Medicaid eligibility in Florida
The Institutional Care Program (ICP) is the Medicaid program that covers nursing home care. Eligibility is determined by both medical and financial criteria. An elder must meet Florida’s level of care requirements, which is typically assessed by the CARES team from the Department of Elder Affairs.
Medicaid eligibility also takes into account whether the applicant is single or married, how their assets are titled, and whether transfers have occurred within the five-year look-back period.
At Burzynski Elder Law, our approach to asset protection is personalized to your unique circumstances. After reviewing your family’s finances, legal documents, and care needs, we may recommend a combination of strategies that could include:
We also explore appropriate use of Special Needs Trusts, Testamentary Trusts, and Caregiver Child Exceptions when applicable. The result is a roadmap tailored to your timeline, health needs, and financial goals.
Ideally, Medicaid planning should begin at least five years before the need for nursing home care. This gives your family time to reposition assets and avoid the five-year lookback penalty period. However, even if you are facing a crisis—such as a sudden diagnosis or recent hospitalization—it is rarely too late to take action. There are still steps we can take to qualify your loved one for Medicaid while protecting assets legally.
Whether you are planning in advance or in urgent need of help, we invite you to contact our office to schedule a confidential consultation.
Not without consequences. Medicaid has a five-year lookback period for asset transfers. Gifts or transfers for less than fair market value during this period can result in a penalty period of ineligibility. Before making any gifts, consult with our office to explore safer alternatives.
No. Florida’s Medicaid rules include spousal protections designed to prevent the impoverishment of the community spouse. With proper planning, we can help you preserve assets and income so that both spouses are financially secure.
That’s where a Qualified Income Trust (QIT) comes in. This trust is a legal tool that allows you to redirect income over the limit into a special account, allowing Medicaid eligibility without needing to spend down your income.
In Florida, exempt assets generally include:
Planning for long-term care is about more than money—it’s about dignity, security, and protecting the people you love. At Burzynski Elder Law, we’ve helped countless families across Collier County and Southwest Florida navigate the Medicaid maze with clarity and confidence.
We offer both pre-crisis Medicaid planning and crisis intervention services. Our legal team will help you:
Contact us today at (239) 434-8557 or schedule your initial consultation online. Let’s work together to make sure your loved one receives the care they need while preserving the legacy you’ve built.
For more information on Medicaid eligibility and planning, you can also visit the official Florida Department of Children and Families Medicaid site at myflfamilies.com.