Free Medicaid Planning Assessment | The Siegel Law Group
★★★★★BBB Accredited · Law Firm 500 · 24 Years in South Florida
One Health Crisis Can
Wipe Out a Lifetime
of Savings. Plan Now.
$108,000+
per year for Florida nursing home care — and without a Medicaid plan in place, your family is required to spend down most of what you've built before the government provides a single dollar of assistance. Florida's 5-year look-back period means planning must start well before a crisis.
Source: Genworth 2023 Cost of Care Survey — Florida Nursing Home (Semi-Private Room)
10 questions. Free. Find out exactly how protected your family is from the cost of long-term care — and what The Siegel Law Group can do to protect your home, your savings, and your spouse.
Barry D. Siegel, Esq.Elder Law · Medicaid Planning · 24+ Years
How Protected Is Your Family From Long-Term Care Costs?
10 quick questions. Completely confidential. You'll receive an instant assessment of your Medicaid planning readiness — and find out exactly what steps your family should take now.
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Planning Urgency
Assessing...
Question 1 of 10 — Who Needs Care
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Who are you planning for today?
This shapes everything — Medicaid rules for married couples are very different from single individuals, and crisis planning differs significantly from pre-planning.
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Myself — I am married and want to protect my spouse and our assetsFlorida Medicaid has spousal protections that preserve income and assets for the community spouse — but only if properly structured
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Myself — I am single, widowed, or divorcedWithout a spouse, the spend-down requirements are stricter — planning ahead is the most powerful tool available
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A parent or loved one — they may need care soon or are already in a facilityWe assist adult children navigating care decisions, facility costs, and Medicaid applications for aging parents
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Someone who needs care immediately — this is a crisis situationCrisis Medicaid planning is still possible — but requires immediate action to protect what remains
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Question 2 of 10 — Current Care Status
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What is the current care situation?
The planning strategies available — and the urgency of acting — depend heavily on whether care has already begun and what level of care is needed.
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No care needed yet — we are planning ahead while everyone is healthyThe best possible position — pre-planning unlocks the most powerful asset protection strategies
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Home health aide or in-home care is currently being usedMedicaid may cover in-home care — and pre-planning now can protect assets before a facility becomes necessary
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Currently in assisted living or memory careALF Medicaid waiver programs exist — but eligibility and coverage vary significantly by facility and county
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Currently in a nursing home or skilled nursing facilityImmediate Medicaid planning is needed — every month of delay costs the family an average of $9,000+
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Question 3 of 10 — Assets at Risk
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Approximately what is the total value of countable assets — savings, investments, and non-exempt property combined?
Medicaid has strict asset limits. For a single applicant in Florida, the limit is $2,000. For a married couple, the community spouse can keep up to $154,140 (2024). Everything above these thresholds must be spent down — unless properly protected through legal planning.
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Under $100,000Still above the Medicaid asset limit — planning now can protect what remains from spend-down
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$100,000 – $350,000Significant assets at risk — a Medicaid irrevocable trust or spousal planning strategies can protect much of this
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$350,000 – $750,000Substantial exposure — advanced Medicaid strategies including irrevocable trusts, annuities, and promissory notes may apply
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Over $750,000Maximum exposure — comprehensive planning is essential to preserve a meaningful inheritance for your family
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Question 4 of 10 — Florida Home
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Does the person needing care own a home in Florida?
A Florida primary residence is generally exempt from Medicaid asset calculations while the person lives there — but after death, Florida's Medicaid Estate Recovery Program (MERP) can file a claim against the estate to recover benefits paid. Proper planning can protect the home entirely.
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Yes — they own and live in their Florida homeThe home is currently exempt, but exposed to MERP recovery after death unless protected now
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Yes — they own the home but have moved to a facility or family member's homeAn unoccupied home may lose its Medicaid exemption over time — immediate legal review is important
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Yes — but a spouse or dependent still lives in the homeThe home is protected from spend-down while a spouse or dependent child resides there — MERP claims are also limited
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No — they do not own a homeNo home equity exposure — planning can focus on liquid assets and income strategies
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Question 5 of 10 — Recent Asset Transfers
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Has the person given away money, property, or assets to family members within the last 5 years?
Florida Medicaid reviews all asset transfers made within 60 months of application — the "look-back period." Gifts, loans, or property transfers made during this window can result in a penalty period during which Medicaid will not pay for care.
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No — no significant assets were transferred or gifted in the last 5 yearsClean look-back window — no penalty period expected from past transfers
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Small gifts only — holiday, birthday, or charitable donations under $500 eachDe minimis gifts are generally not penalized — but documentation is important
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Yes — significant money or property was given to children or other family membersThese transfers may trigger a Medicaid penalty period — the amount transferred and timing determine the length of the penalty
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I'm not sure — I don't know all of their recent financial activityA complete look-back analysis is one of the first things we do in a Medicaid planning consultation
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Question 6 of 10 — Monthly Income
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What is the approximate monthly income of the person who may need Medicaid — including Social Security, pension, and any other sources?
Florida Medicaid has an income cap of $2,829/month (2024) for nursing home Medicaid. If income exceeds this amount, a Qualified Income Trust (QIT or "Miller Trust") is required — but income is not counted in the same way for community spouse protection.
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Under $2,829 per monthBelow the Florida income cap — no QIT required, but income will largely go toward the cost of care
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Over $2,829 per monthA Qualified Income Trust (Miller Trust) must be established before Medicaid will approve the application — this is a legal document that requires proper drafting
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I'm not sure of the exact monthly incomeWe help families calculate all income sources — including Social Security, VA benefits, pensions, and rental income
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Question 7 of 10 — Legal Documents
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Does the person who may need care have the following legal documents in place?
Without a durable power of attorney, no one can legally manage finances or apply for Medicaid on behalf of an incapacitated person — the family must go to court for guardianship, which is slow and expensive.
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Yes — durable power of attorney, healthcare directive, and a current will or trustFull legal authority is in place — Medicaid planning can proceed immediately
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Some documents exist — but not all, or they are outdatedGaps in legal authority can halt the Medicaid planning process at the worst possible moment
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No documents — nothing has been preparedIf the person can still sign, documents must be created immediately — before cognitive or physical decline makes this impossible
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The person can no longer sign documents — they are already incapacitatedGuardianship may be required — this is a court process that we handle, and Medicaid planning can still proceed through it
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Question 8 of 10 — Prior Medicaid Experience
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Has anyone in your family previously dealt with Medicaid or long-term care planning?
Families who have been through the Medicaid application process before know how overwhelming it can be. Prior experience — good or bad — helps us understand where to focus.
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No — this is our first time dealing with Medicaid or long-term care costsMost families are completely unprepared for the complexity — that's why we start with a full explanation before anything else
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Yes — we went through this with a parent or other family member previouslyPrior experience is helpful — but Florida Medicaid rules change frequently and vary by situation
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Yes — we or a family member applied for Medicaid and were deniedDenials are often based on asset excess, look-back violations, or documentation errors — all of which can often be appealed or corrected
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We are currently paying out of pocket for care and need help qualifying for MedicaidEvery month of private-pay spending without a Medicaid plan is money that could have been protected — we can assess what options remain
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Question 9 of 10 — Your Biggest Concern
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What worries you most about long-term care costs and Medicaid?
Understanding your primary concern helps us focus the consultation on what matters most — and make sure you leave with answers, not more questions.
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Losing the family home to Medicaid estate recovery after deathMERP can reclaim the home from the estate — a Lady Bird deed or irrevocable trust can prevent this entirely
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My spouse being left with nothing while I'm in a nursing homeFlorida's Community Spouse Resource Allowance (CSRA) and Minimum Monthly Maintenance Needs Allowance (MMMNA) exist to prevent this — but they must be legally claimed
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Being forced to spend down everything we've saved before getting helpLegal Medicaid planning strategies — including irrevocable trusts, compliant annuities, and spousal transfers — can protect assets from spend-down
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Having nothing left to pass on to our children after care costsWith proper planning, it is possible to qualify for Medicaid and still preserve a meaningful inheritance for your family
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Getting quality care without depleting everything we haveMedicaid-accepting facilities vary widely in quality — we help families navigate both the financial and care planning sides
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Question 10 of 10 — Timeline
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How soon do you think care will be needed — or how long has care already been ongoing?
Florida's 5-year Medicaid look-back period means the earlier planning begins, the more options are available. Even in a crisis, legal strategies remain — but they shrink with every passing month.
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5+ years away — we are planning well in advanceThe gold standard — every strategy is available, including irrevocable Medicaid trusts that require 5 years to mature
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1 to 5 years away — care may be needed in the near futurePartial look-back protection is still achievable — the sooner planning begins, the more assets can be protected
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Within the next 12 months — care is needed soonCrisis planning strategies apply — including spousal transfers, compliant annuities, and irrevocable trusts for assets outside the look-back
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Care is already underway and we need Medicaid nowEmergency Medicaid planning is still possible — but time is the most critical factor. We need to act immediately.
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Assessing...
Your Medicaid Planning Assessment
Medicaid Planning Assessment
Based on your answers, here is how protected your family is from long-term care costs — and what you should do next.