Switch to ADA Accessible Theme
Close Menu
Palm Beach County Estate & Probate Attorneys / Palm Beach Gardens Medicaid Planning Attorney

Palm Beach Gardens Medicaid Planning Lawyers

Helping You Preserve Your Assets and Qualify for Benefits

Planning for long-term care can be challenging, especially for the majority of Americans who find themselves faced with the prospect of needing Medicaid benefits while wanting to protect the assets they’ve worked so hard to accumulate. At Kitroser Lewis & Mighdoll, our experienced Palm Beach Gardens Medicaid planning lawyers can guide you through the complex process of Medicaid planning strategically and effectively, ensuring you can retain access to many of your assets and still qualify for Medicaid without having to “spend down” most of your estate.

Understanding Medicaid Eligibility and the “Spend-Down” Requirement

Medicaid is a vital program for seniors by covering the costs of long-term care, but it has strict financial eligibility requirements. Many people assume they must deplete nearly all of their assets to qualify, a process known as “spending down.” However, through strategic Medicaid planning, our attorneys can help you preserve your assets and qualify for benefits at the same time.

Our team focuses on protecting your home, retirement accounts, and other valuable assets so that they don’t prevent you from obtaining the Medicaid benefits you need for nursing home or assisted living care. By utilizing aboveboard legal strategies such as trusts, asset transfers, and exemptions, we ensure you retain as much of your estate as possible while still meeting Medicaid’s financial thresholds.

The Importance of the Five-Year Look-Back Period

One critical aspect of Medicaid planning is understanding the five-year look-back period. Medicaid reviews all financial transactions made within five years of your application. If you’ve transferred assets during this period, Medicaid may impose penalties that delay your eligibility for benefits.

Because of this rule, it’s crucial to begin planning well in advance. Our attorneys can help you structure your asset transfers, gifts, and other financial activities in a way that minimizes penalties and preserves your eligibility. By planning ahead, you can avoid the stress of last-minute decisions and ensure your assets are protected.

Protecting a Spouse’s Income and Assets

If you’re married, your spouse’s income and assets can significantly impact your Medicaid eligibility. Florida law allows certain protections for the non-applicant spouse, often referred to as the “community spouse,” but these rules are complex and require careful planning.

At Kitroser Lewis & Mighdoll, we help married couples navigate these complicated regulations. We ensure that your spouse can continue to live comfortably without jeopardizing your Medicaid eligibility. Whether through spousal allowances, asset transfers, or income diversion strategies, we make sure that both you and your spouse are financially secure during this difficult time.

How We Help You Preserve Your Assets

Medicaid planning is about more than just meeting eligibility requirements. It’s about preserving your legacy, ensuring your loved ones are provided for, and securing peace of mind for the future. Our firm has extensive experience in helping clients retain control over their assets while still qualifying for Medicaid benefits.

We use a variety of legal tools to help you achieve this balance, including:

  • Medicaid Asset Protection Trusts – These irrevocable trusts allow you to transfer assets out of your name while still benefiting from them indirectly, thus removing them from Medicaid’s asset calculations.

  • Spousal Protections – We help safeguard the assets and income of a healthy spouse through spousal resource allowances and other planning techniques.

  • Exemptions – Certain assets, like your primary residence, personal property, and prepaid burial arrangements, can be exempt from Medicaid’s calculations. We make sure you maximize these exemptions.

  • Annuities – For married couples, purchasing certain types of annuities can help convert countable assets into non-countable income, allowing you to meet Medicaid requirements without losing substantial portions of your estate.

By implementing these strategies and others tailored to your specific situation, we help you protect what matters most—your family’s financial security.

Start Your Medicaid Planning in Palm Beach Gardens Today With Kitroser Lewis & Mighdoll

At Kitroser Lewis & Mighdoll, we understand that every family’s situation is unique, and we are committed to providing personalized Medicaid planning services to fit your needs. Whether you are just beginning to consider long-term care options or are facing an immediate need for Medicaid benefits, our attorneys can help you secure the care you need while safeguarding your financial future.

Don’t wait until it’s too late to start planning. The sooner you take action, the more options you’ll have to preserve your assets and ensure your eligibility for Medicaid benefits. Contact our office today by calling 561-721-0600 or reaching out online to schedule a consultation and learn how we can assist you with Medicaid planning in Palm Beach Gardens.