Elder Law and Medicaid Planning


Elder Law Attorneys Serving Florida Residents

Growing older comes with many blessings, but also with uncertainties about healthcare needs and expenses. As we age, the possibility of needing long-term care, like nursing home stays or in-home assistance, becomes a real concern. And let’s face it, those costs can add up quickly, leaving families stressed and confused.

But here’s the good news: planning ahead can make a big difference! Elder Law and Medicaid Planning exist to help you navigate this complex landscape and protect your assets while ensuring quality care. 

Quick Summary:

  • Growing Older and Planning Ahead: Elder Law addresses the uncertainties of aging, focusing on quality care and financial security for individuals and families.
  • Elder Law vs. Estate Planning: Estate planning shares belongings after someone passes away. Elder Law looks after your well-being and assets while you’re alive. It helps with long-term care, getting Medicaid, and stopping elder abuse.
  • Benefits of Elder Law:
    • Ensures quality care without depleting savings.
    • Empowers informed decisions about care.
    • Protects from financial exploitation.
    • Provides peace of mind for families.
  • Elder Law Services:
    • Long-term care planning.
    • Asset protection strategies.
    • Guardianship/conservatorship.
    • Elder abuse prevention.
    • Inheritance and estate planning.
  • Medicaid Support:
    • Explains Medicaid as a government program for low-income individuals.
    • Covers long-term care costs based on income and asset limits.
  • Medicaid Eligibility:
    • Income and asset limits apply.
    • Medicaid Spend Down allows strategic spending on approved expenses to meet requirements.

What is Elder Law?

Growing older brings many joys, but also new challenges. One big concern for many families is ensuring quality care and financial security as their loved ones age. This is where Elder Law comes in.

How is Elder Law Different From Estate Planning?

Traditional estate planning focuses on distributing assets after someone passes away. Elder Law goes beyond that. It helps you plan for living well during your golden years. Here are some key differences:


  • Estate planning: Primarily about distributing assets after death.
  • Elder Law: Primarily about protecting your well-being and assets while you’re alive.

Key areas:

  • Estate planning: Wills, trusts, inheritance plans, beneficiary designations.
  • Elder Law: Long-term care planning, Medicaid eligibility, asset protection strategies, guardianship/conservatorship, elder abuse prevention.

Here’s what Elder Law can do:

Long-Term Care Planning:

  • Nursing homes, assisted living, and in-home care can be expensive. Elder Law helps you understand your options, explore payment strategies like Medicaid, and protect your assets while qualifying for benefits.
  • It also involves creating legal documents like healthcare proxies and living wills to ensure your wishes are followed regarding future care.

Protecting Your Assets:

  • You can preserve your hard-earned savings and property for yourself and your loved ones. This might involve trusts, gifting techniques, and other legal tools.

Guardianship and Conservatorship:

  • Sometimes, illness or disability makes someone unable to make important decisions. Setting up a guardianship or conservatorship makes sure someone is able to manage their finances and care.

 Elder Abuse Prevention:

  • Unfortunately, elder abuse is a real threat. Elder Law provides for ways to protect your rights and help take legal action

Inheritance and Estate Planning:

  • While estate planning is part of Elder Law, it takes on a special focus here. Your attorney can ensure your wishes are clear and legal. This prevents confusion and conflict for your loved ones after you pass away.

What is Medicaid and How Does it Help?

Nursing homes, assisted living, and in-home care can be expensive, leaving many families wondering how they’ll manage the costs. Here’s where Medicaid can come in as a potential support system.

What is Medicaid and how does it work for long-term care?

Think of Medicaid as a government program that helps low-income individuals and families afford healthcare, including long-term care. It’s important to remember that each state has different rules and qualifications, so what applies in one state might not apply in another.

Here’s the basic idea:

  • If you meet specific income and asset limits, Medicaid can help cover some or all of your long-term care costs in facilities like nursing homes or assisted living communities.
  • It can also assist with in-home care services that help you stay independent in your own home.

Am I eligible for Medicaid?

Medicaid eligibility for long-term care typically involves two main factors:

  • Income: Your income needs to be below a certain threshold set by your state. This threshold is usually low, so don’t assume you automatically won’t qualify.
  • Assets: You may also have limits on the total value of assets you own, like savings, investments, and property. 

What is Medicaid Spend Down?

If your income or assets exceed the limit, you can strategically spend down some of your money on specific approved medical expenses to meet the requirement.

Important things to remember:

  • Not all your assets count: Thankfully, your home, car, and personal belongings (except maybe a super valuable art collection) usually don’t impact spend down.
  • Spend on “approved” expenses: Use your money on things like doctor visits, medications, assisted living costs, or even dentures! Remember, not just any purchase counts.
  • Be careful with timing: Rules apply to when and how you move assets.

Here are some common spend down options:

  1. Pay for past-due medical bills: Clear those hospital or doctor bills you might have been putting off.
  2. Prepay for approved services: Pay upfront for upcoming medical needs like dental work or physical therapy.
  3. Contribute to a Qualified Income Trust (QIT): This special trust holds some assets, using the income to pay for approved expenses and potentially help you qualify for Medicaid.

Why Do I Need an Orlando Elder Law Attorney?

While it’s tempting to try and handle things yourself, hiring an experienced Orlando Elder Law attorney can be the difference between securing your future and facing serious problems down the line.

Here’s why going it alone is a risky idea:

  • Misunderstanding complex rules and regulations: Elder law involves intricate details and changing laws, making it a minefield for the uninitiated. A misstep could cost you dearly.
  • Missing out on valuable benefits: You might overlook crucial government programs like Medicaid or make decisions that jeopardize your eligibility.
  • Facing costly mistakes: Legal errors regarding wills, trusts, or asset protection can have unintended consequences and financial strain.
  • Leaving your family exposed: Without proper planning, your loved ones might face a future burdened by legal and financial issues.

Here’s what to look for when choosing an Elder Law attorney:

  • Ask for recommendations: Seek referrals from trusted friends, family, or medical professionals.
  • Schedule consultations: Interview multiple attorneys to find someone who connects with you and clearly explains your options.
  • Check their qualifications and experience: Ensure they practice Elder Law and have a proven track record of success.

Call our Orlando Elder Law and Medicaid Planning Attorney Now!

We understand the complex and emotional issues you may be facing:

  • Worried about affording long-term care without depleting your savings?
  • Confused about Medicaid eligibility and navigating the system?
  • Wanting to protect your assets while ensuring your loved ones are cared for?
  • Uncertain about the legal implications of making end-of-life decisions?

Tejes Law is here to guide you through these challenges with our dedicated Elder Law experience:

  • Knowledge of Florida Elder Law: We stay updated on the latest laws to ensure your plan is compliant and effective.
  • Medicaid Planning Experience: We maximize benefits, protect assets, and avoid costly mistakes.
  • Compassionate and Personalized Service: We listen to your concerns and customize strategies based on your needs.
  • Proven Success: Our strong track record demonstrates our ability to help clients achieve their desired outcomes.

Joshua Jonathan Tejes, the founder of Tejes Law:

  • Holds the prestigious Clients’ Choice Award 2019 and Top Contributor Award 2012, highlighting his commitment to client satisfaction.
  • Has over 15 years of experience in civil litigation and bankruptcy, handling hundreds of cases with both consumers and creditors.
  • Is recognized for his compassionate and knowledgeable approach, guiding clients through challenging legal situations.

Don’t wait until a crisis hits. Contact Tejes Law today for a free consultation. We offer a warm and welcoming environment where you can discuss your concerns openly and confidentially.

Let us help you navigate the complexities of Elder Law with confidence and peace of mind.

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