Medicaid Planning Lawyer in Boca Raton, FL | Siegel Law Group – Protect Your Savings
Medicaid Planning Attorneys Β· Boca Raton Β· Naples Β· West Palm Beach Β· Fort Lauderdale
β˜…β˜…β˜…β˜…β˜… BBB Accredited Β· Law Firm 500 Honoree Β· 24 Years in South Florida

Don't Let a Nursing Home
Take Everything
You Saved.

Florida nursing home care costs over $10,000 per month. Without proper Medicaid planning, your savings pay first β€” every single dollar. The Siegel Law Group has helped thousands of South Florida families protect what they spent a lifetime building.

Free consultation with a licensed elder law attorney
Planning options available even if care is already needed
24+ years protecting South Florida families
Phones answered 24/7, including weekends
Barry D. Siegel, Esq. β€” Medicaid Planning Attorney, Boca Raton FL
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πŸ”’ Confidential Β· No obligation Β· Attorney-reviewed results

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$10,000+
Florida nursing home cost per month
60 mo.
Medicaid look-back period β€” planning must begin early
$120K+
Average annual nursing home cost in South Florida
Free
Initial consultation with a licensed elder law attorney
The Truth About Medicaid Planning

4 Things Most Families Believe That Are Simply Not True

These four misconceptions are responsible for most of the Medicaid planning mistakes we see β€” and the financial losses that follow. Understanding the truth is the first step to protecting what you have built.

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"Medicare will cover my nursing home costs."

Medicare covers skilled nursing rehabilitation for up to 100 days β€” under strict conditions β€” and only after a qualifying hospital stay. Medicare does not pay for long-term custodial care. The moment rehabilitation ends, you pay privately. At $10,000+ per month, a family's savings can vanish in months.

The Truth: You need Medicaid β€” not Medicare
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"It's too late β€” they're already in a nursing home."

This is the myth that costs families the most. Crisis Medicaid planning can often still protect significant assets even after a loved one enters a nursing facility. Spousal transfers, Miller Trusts, spend-down strategies, and other legal tools remain available. Every day of delay is a day of unnecessary spend-down, but it is almost never truly too late to act.

The Truth: Call an attorney before spending down more
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"We have too much money to qualify for Medicaid."

Medicaid planning is not about being poor β€” it is about legally restructuring assets so they are either excluded from Medicaid's limits or protected through properly structured trusts. Families with significant savings are often the best candidates for planning, because there is more to protect and more legal tools available.

The Truth: Planning protects the most for those with the most
🎁

"We already gave the house to the kids β€” we're protected."

Unguided asset transfers made within 60 months of a Medicaid application are reviewed and can trigger a penalty period β€” during which Medicaid will not pay for care even if the person is otherwise eligible. Well-intentioned gifts often create the very problem families were trying to avoid. Only transfers made with proper legal guidance and documented correctly provide real protection.

The Truth: Unguided transfers can backfire badly
Why Timing Is Everything

The 5-Year Clock Is Already Running. Here Is What That Means.

Florida Medicaid uses a 60-month look-back period on all asset transfers. This is not a penalty β€” it is a review window. But it means that planning done today protects assets that planning done in three years cannot. Every month of delay is a month that narrows your options.

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The Look-Back Window Runs Backward

Medicaid looks back 60 months from your application date. Any transfer made without proper legal structure inside that window is subject to review β€” and can create a penalty period that delays Medicaid eligibility even after you qualify.

Planning must start before the window opens
🏦

Spend-Down Is Not a Strategy β€” It Is a Last Resort

Many families are told to simply "spend down" to Medicaid limits. But spending down on excluded assets, prepaying expenses, and making strategic purchases can preserve meaningful value without triggering look-back penalties.

A licensed attorney knows the difference
🏠

Your Florida Home Has Special Protections

Florida's homestead law provides significant Medicaid protection for your primary residence β€” but only if properly titled and not at risk from estate recovery. A Lady Bird deed can ensure the home passes directly to heirs without Medicaid clawback after death.

Homestead protection requires proper legal structure
πŸ’‘

Spouses Have Rights β€” But Only If You Use Them

The community spouse (the one not entering the nursing home) has legal rights to retain significant assets and income under Florida law. But those rights must be asserted through proper legal channels. Many community spouses accept far less than the law entitles them to.

Spousal protections must be legally claimed
Why Families Choose Siegel Law Group

The Attorney Who Wrote the Book on Protecting South Florida Families

Barry D. Siegel, Esq. β€” Elder Law and Medicaid Planning Attorney, Boca Raton FL
Barry D. Siegel, Esq. Founder and CEO Β· Elder Law Β· 24+ Years
πŸ“–
Author of "Caught in the Middle"Juggling elderly parents' affairs while raising your own family β€” the book South Florida families turn to first

24 Years. Thousands of Families. One Specialty That Requires a License to Practice.

In Florida, only a licensed elder law attorney may legally provide Medicaid planning services. This is not a technicality β€” it is a consumer protection law. An unlicensed Medicaid counselor, financial planner, or case manager who provides Medicaid planning advice is committing a felony under Florida law.

Barry Siegel and his team at The Siegel Law Group, P.A. are licensed Florida elder law attorneys with over 100 combined years of experience. They have guided thousands of South Florida families through Medicaid planning, nursing home crisis situations, spousal asset protection, and long-term care strategies β€” in the specific context of Florida law, Florida Medicaid rules, and Florida homestead protections.

What you get with The Siegel Law Group is not a template or a generic spend-down checklist. Every client situation is unique β€” your assets, your family structure, your timing, and your goals require a personalized legal strategy. Barry's team builds that strategy for you and then stays with you as your life changes.

Licensed Elder Law Attorney
Law Firm 500 Honoree
BBB Accredited
100+ Combined Years
Phones 24/7
Learn Before You Decide

Watch Barry Siegel Explain How Medicaid Planning Actually Works

Most families have the same questions. Barry answers them here β€” plainly, honestly, without legal jargon.

From a Real Client

Hear What Happened After John Called Barry Siegel

Over a thousand South Florida families have trusted The Siegel Law Group with their most important financial decisions. Here is one of them, in their own words.

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"Barry and his team gave us peace of mind we did not even know we were missing. Every question was answered, every document explained. We finally have a plan that actually protects our family."

πŸ‘€
John
Siegel Law Group Client Β· South Florida
Legal Tools We Use to Protect Your Assets

Not Everyone Needs the Same Solution. Here Is What Is Available.

The right combination of tools depends entirely on your situation β€” your assets, your care status, your family structure, and how much time you have. This is why Medicaid planning requires a licensed attorney, not a checklist.

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Medicaid Asset Protection Trust (MAPT)
An irrevocable trust that removes assets from Medicaid's countable limit. Must be established at least 5 years before applying β€” the most powerful proactive tool available.
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Lady Bird Deed
A Florida-specific deed that lets you keep your home during your lifetime while ensuring it passes directly to heirs after death β€” bypassing both probate and Medicaid estate recovery.
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Spousal Asset Protection
Florida law protects community spouses from complete impoverishment. Spousal transfers, income diversion, and asset restructuring preserve significantly more than most families realize is legally available to them.
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Strategic Spend-Down
Not all spending is equal. Purchasing excluded assets, prepaying allowable expenses, and making strategic investments can reduce countable assets without triggering Medicaid penalties.
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Qualified Income Trust (Miller Trust)
For Florida applicants whose income exceeds Medicaid limits, a Miller Trust routes excess income to an irrevocable account β€” satisfying the income requirement while funding nursing home costs legally.
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Irrevocable Funeral Trust
Pre-funding funeral expenses through an irrevocable trust removes those assets from Medicaid's count while ensuring that final wishes are honored without burdening family members.
What Working With Us Looks Like

A Simple Process. A Clear Plan. No Surprises.

1
Free Consultation β€” We Listen First
Every situation is different. Before we recommend anything, we listen. We learn about your family, your care situation, your assets, and your goals. We will tell you plainly what options are available and which ones make sense for you β€” with no pressure and no obligation.
2
We Build a Personalized Medicaid Strategy
No templates. No generic spend-down sheets. Every document and structure we create is built specifically for your situation, your assets, and your Florida law context. We explain every step in plain language so you understand exactly what you have and exactly why it works.
3
We Handle the Medicaid Application
The Medicaid application process in Florida is complex, documentation-heavy, and easy to get wrong. Our team manages the entire application process for you β€” from gathering the right financial records to responding to agency requests β€” so the application is submitted correctly the first time.
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We Stay With You Through Every Change
Your situation will evolve. Laws change, care needs change, family situations change. The Siegel Law Group reviews every estate plan every three years and is available to you between reviews whenever something comes up. We are your law firm for life β€” not just for this application.
Client Testimonials

Trusted by South Florida Families When It Matters Most

5.0
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Hundreds of Verified 5-Star Reviews Google Β· Avvo Β· BBB Β· and more
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"When my mother entered a nursing home, we panicked. We thought everything was gone. Barry's team told us there were still options. We protected her home and a significant portion of her savings. I cannot overstate how much this meant to our family."

Patricia M. β€” Boca Raton, FLGoogle
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"We transferred assets to our children years ago thinking we were being smart. We had no idea about the look-back period. Barry caught it, restructured our plan, and protected us from what could have been a very costly mistake. He is the only attorney I will ever refer for this."

Robert and Susan T. β€” Delray Beach, FLAvvo
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"My husband was already in memory care when I called. I was told by someone else that it was too late to plan. Barry's team told me it was not. We saved the house and protected most of what we had. Call them before you assume it is too late."

Carol H. β€” West Palm Beach, FLGoogle
Law Firm 500 Honoree
2021 and 2022
BBB
Accredited Business
Avvo
Client Choice Award
24+ Years
South Florida Elder Law
Frequently Asked Questions

What South Florida Families Ask About Medicaid Planning

Straight answers to the questions we hear most. If yours is not here, call us directly and we will answer it β€” no obligation, no charge for the conversation.

No β€” and this is the most expensive misconception we see. Medicare covers skilled nursing rehabilitation for up to 100 days, and only after a qualifying hospital stay of at least three days. The moment rehabilitation ends or the patient stops improving, Medicare stops paying. Long-term custodial care β€” which is what most nursing home residents need β€” is not covered by Medicare at all. Medicaid is the primary payer for long-term nursing home care, which is why Medicaid planning matters so much.
When you apply for Florida Medicaid to cover nursing home costs, the state reviews all asset transfers and gifts made in the 60 months (5 years) before your application date. Any uncompensated transfer β€” meaning a gift, a transfer for less than fair market value, or assets moved into certain trusts β€” made inside that window can trigger a penalty period during which Medicaid will not pay, even if you are otherwise eligible. The penalty is calculated by dividing the transferred amount by the average monthly cost of nursing home care. This is why acting early, before the look-back window becomes a problem, is so critical.
In most cases, no β€” it is not too late. This is one of the most important things we tell families. Even when a loved one is already receiving nursing home care and paying privately, legal strategies remain available: spousal asset protection transfers, strategic spend-down of countable assets, Qualified Income Trusts (Miller Trusts) for income-over-limit situations, and in some cases, Medicaid applications that preserve more than families expect. The earlier you call after a placement, the more options remain. But calling at any point is better than not calling at all.
It depends entirely on when the transfers were made and how they were structured. If the transfers occurred more than 60 months ago, they are outside the look-back window and generally do not affect Medicaid eligibility. If they occurred within the last 5 years, they are subject to review and may have created a penalty period. However, even problematic transfers can sometimes be addressed through careful legal strategies. Do not assume the worst β€” call us and we will assess the specific situation honestly.
Florida's homestead law provides strong protections for a primary residence. While a Medicaid recipient is alive, the home is generally not counted as a Medicaid asset if a spouse, minor child, or disabled child lives there. However, after death, Florida Medicaid has the right to seek estate recovery β€” meaning it can make a claim against the home to recover what Medicaid paid. A Lady Bird deed (Enhanced Life Estate Deed) is a Florida-specific legal tool that avoids this entirely by transferring the home directly to heirs outside of the estate upon death, preventing Medicaid from making a recovery claim against it.
Yes β€” and this is an area where many families accept far less protection than the law provides. Florida law protects the community spouse (the spouse remaining at home) through the Community Spouse Resource Allowance (CSRA) and the Minimum Monthly Maintenance Needs Allowance (MMMNA). These protections allow the community spouse to retain a significant portion of joint assets and a minimum level of income. The exact amounts are calculated based on your situation, and the community spouse has legal rights to seek increases through a hearing if the standard amounts are insufficient. These rights must be actively asserted β€” they are not granted automatically.
No β€” a standard will or revocable living trust does not protect assets from Medicaid. Assets in a revocable living trust are still considered countable for Medicaid purposes because the grantor retains control. Medicaid asset protection requires either a Medicaid Asset Protection Trust (an irrevocable trust specifically designed for this purpose), strategic use of excluded assets, spousal planning, or other tools. This is why it is critical to work with a licensed elder law attorney rather than assuming your existing estate plan provides Medicaid protection β€” most standard estate plans do not.
In Florida, only a licensed elder law attorney may legally provide Medicaid planning services. This is not a preference β€” it is state law. A Medicaid counselor, financial planner, or case manager who provides Medicaid planning advice without a law license is committing a felony. Beyond the legal requirement, Medicaid planning involves complex interactions between Florida law, federal Medicaid rules, tax law, trust law, and real estate law. The strategies that protect the most require comprehensive legal knowledge and proper documentation. The initial consultation with The Siegel Law Group is free β€” the cost of not getting proper legal guidance is not.

Every Month Without a Plan
Costs Real Money.

A free consultation with a licensed elder law attorney takes 30 minutes. It could protect the savings you spent 40 years building. Barry Siegel's team answers 24 hours a day, 7 days a week.

Or call us directly: (561) 559-6232 Β· Phones answered 24/7

The Siegel Law Group, P.A.
2500 N Military Trail, Suite 470 Β· Boca Raton, FL 33431
Naples Β· West Palm Beach Β· Fort Lauderdale Β· Serving all of South Florida
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The information on this site is not legal advice. You should consult an attorney regarding your individual situation. Contacting us does not create an attorney-client relationship. In Florida, only a licensed elder law attorney may provide Medicaid planning services.
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