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The Medicaid Institutional Care Program is a state/federal program that qualifies individuals in need of nursing home care.  Medicaid is a “need based” or “means tested” program to provide government assistance to seniors with chronic conditions and need long term full skilled nursing assistance.

The law pertaining to Medicaid planning in Florida can be confusing because this area is governed under federal law but some areas for administering programs are within the authority the state governments.

Medicaid Planning in Florida

As in most states, Medicaid planning in the state of Florida can cover most of the cost of nursing facility care including room, board and full skilled nursing care.  Most people are not aware that Florida’s current laws allow many people to qualify for Medicaid even if they appear to exceed the income and asset limits if a proper legal strategy is used.  This means that Florida medicaid law DOES NOT require the person in the nursing facility, or their family, to spend down all their assets and resources to obtain quality care.  There are certain assets that are exempt from consideration and can be kept when applying for Medicaid.

Planning ahead for Medicaid can therefore help preserve family assets.  The first step is to evaluate the assets, restructure or reorganize them (as needed), file the necessary applications, and provide the necessary legal documents which will alleviate the emotional and financial burden normally felt by the loved one and their family.

You may be asking yourself if Florida Medicaid assistance if feasible for you or your loved ones.  Why not find out what you are legally entitled to? 

Many people think they will never need a nursing home.  This is a misconception and is unlikely.  No matter the size of your estate, nursing home care can cost as much as $15,000 per month.  How long will you be able to pay this expense and why would you deplete your family inheritance?  It doesn’t matter how old you are, an unexpected accident can happen tomorrow and jeopardize your entire estate plan.

The good news is that there are many strategies in Florida for Medicaid planning such as utilizing an LLC for Florida Medicaid planning or using a Florida Medicaid will.

At the Gibbs Law Office, our unique process is designed to transform your long term medical planning concerns into a confident future for you and your loved ones.  Remember, Medicaid planning is something that is best pursued before a crisis occurs so it is critically important to be proactive.

Contact us today to get started OR for a complimentary review of your assets and income (subject to conditions).


The Gibbs Law Office is a Florida estate planning law firm that provides complete Estate Planning, Business Planning, Asset Protection, Elder and Medicaid Planning, Real Estate, Probate and Trust Administration legal services throughout the greater Fort Myers, North Fort Myers, Cape Coral, Estero, Bonita Springs and Naples geographic areas and most legal services are available statewide in Florida.

The Gibbs Law Office was founded in January 2009 upon the commitment to provide client-centered legal services.