321-723-8388
Medicaid in Florida is often a top concern for residents planning for long-term care, especially when it comes to protecting their most valuable asset—their home. With nursing home expenses often exceeding $100,000 annually, many families worry they’ll be forced to sell their property to cover costs. The good news is that with proper planning and experienced legal guidance, you can qualify for Medicaid benefits while keeping your home safe for your loved ones.
1. Understanding Medicaid and Home Ownership
Medicaid is a government program that helps cover the cost of long-term care for eligible individuals. In Florida, Medicaid looks at both income and assets to determine eligibility. However, your primary residence is often treated differently.
If you or your spouse live in your home, or if you intend to return there, it can be considered an “exempt asset”—meaning it won’t count against you when applying for Medicaid. As of 2025, your home equity must be below a certain limit (approximately $713,000), but this amount is adjusted periodically.
2. Spousal Protections and the Community Spouse Rule
If one spouse needs nursing home care but the other continues to live at home, Florida’s Medicaid rules protect the “community spouse” from becoming impoverished. The home remains protected as long as the healthy spouse continues to live there. Additionally, a portion of the couple’s income and assets can be set aside for the community spouse’s support.
3. Transferring the Home and the Look-Back Period
Many people mistakenly think they can transfer their home to a relative to qualify for Medicaid. However, Medicaid reviews all asset transfers made within the past five years under its look-back rule. Any transfers made for less than fair market value during this time can result in a penalty period, delaying benefits.
That said, there are certain exceptions to this rule. You may transfer your home without penalty to:
A spouse
A child under age 21 or with a disability
A sibling with an ownership interest who lived in the home for at least one year
An adult child who lived in the home and provided care for at least two years prior to your institutionalization
4. The Importance of Legal Medicaid Planning
Every situation is unique, and Medicaid laws are complex. Working with an experienced elder law attorney can help you protect your assets, including your home, while ensuring eligibility for Medicaid benefits.
At Lemieux & Jacoby Elder Law Advocates, we specialize in helping Florida families navigate the intricate process of qualifying for Medicaid in Florida without losing their hard-earned assets. Our attorneys provide tailored strategies that protect what matters most—your home, your savings, and your peace of mind.
Contact us today to schedule a consultation and learn how we can help you secure your future with confidence. For professional Medicaid planning guidance in Florida, contact Lemieux & Jacoby Elder Law Advocates at 321-723-8388 or visit lemieuxjacoby.com today.
