Delray Beach Medicaid Planning Attorneys

A fall on Tuesday. A hospital stay by Friday. By next week, someone will ask whether Mom can go home. For many families, the Medicaid question shows up that fast. LEEP LAW GROUP helps families in Delray Beach and across Palm Beach County understand how Florida Medicaid pays for long-term care and how its five-year look-back can affect their choices. Our Boca Raton elder law attorneys have handled more than 2,400 cases since 2014, and partner Tara Wood devotes her entire practice to elder rights.

Call (561) 760-9685 to schedule a free Medicaid planning consultation.

Why Medicaid Planning Matters in Delray Beach

Many Delray Beach families reach this topic quickly. A parent falls, goes to the hospital, and then needs rehab or a nursing home. Hospital staff may mention Medicaid, and suddenly there are forms, deadlines, and big questions about the house.

Starting early gives you more choices. Over time, we can review how assets are held and what can be done under Florida's rules. Without it, options narrow. That's why we encourage couples and adult children to talk to an attorney before a crisis, not after.

Medicare vs. Medicaid: What Each One Pays For

People mix these up all the time. They are not the same.

Medicare is health insurance for people 65 and older. It may cover a short stay in a skilled nursing facility after a qualifying hospital stay. It generally does not pay for long-term custodial care, such as help with bathing, dressing, or eating.

Medicaid is a needs-based program run jointly by the state and federal governments. It can help pay for nursing home care, and some assisted living and in-home services. To qualify, you must meet limits on income and assets. That is where planning comes in.

Florida Medicaid Long-Term Care Rules for 2026

The numbers below are for 2026. They update, usually each January, so we check them again when you come in.

• Assets. A single applicant can generally keep $2,000 in countable assets.
• Income. The monthly income cap is $2,982. If income is higher, a Qualified Income Trust, sometimes called a Miller trust, may help.
• The home. A primary residence can be exempt, subject to a $752,000 home equity limit for 2026, if certain conditions are met.
• Other exempt items. One vehicle and personal belongings are commonly exempt.
• Married couples. The spouse living at home may keep up to $162,660 in 2026, plus a share of the couple's income.

Eligibility rules have exceptions and fine print. A retirement account, for example, can be treated differently depending on whose it is and how it is being paid out.

The Five-Year Look-Back Rule

When you apply for long-term care Medicaid in Florida, the state looks at your finances for the previous five years. It checks for gifts and sales below fair market value. Giving a house to a child or moving money into a relative's account can trigger a penalty period during which Medicaid won't pay for care.

This is the most common trap we see families fall into. Good intentions often cause it. Before you transfer anything, talk with an attorney. If a transfer has already happened, there may still be ways to address it.

Planning Tools Florida Families Use

Every case is different. These are some of the tools we may discuss:

• Medicaid asset protection trusts. An irrevocable trust can hold certain assets, though timing and the look-back period matter.
• Medicaid-compliant annuities. These can turn extra savings into an income stream in some situations.
• Qualified Income Trusts. Used when income is above the cap.
• Changes in titling between spouses. How a couple holds property can affect eligibility.
• Updated legal documents. A power of attorney that allows the right transactions makes planning much easier.

No single tool fits everyone, and none of them is a quick fix. We build the plan around your facts.

Planning Ahead or Planning in a Crisis

Planning ahead. If no one needs care yet, you have the most room to work. We review your assets, update documents, and consider trusts that may sit outside the look-back window.

Crisis planning. If a loved one is already in a facility or about to be, there is still work to do. We can often find options even when time is short. We gather records, review what has already happened, and quickly move to the application.

Protecting a Spouse in Delray Beach

When a husband or wife needs care, the other spouse shouldn't lose their home and security as a result. Federal spousal protections give the spouse at home, called the community spouse, the right to keep certain assets and income. In many cases, that includes the home and a car.

We look at the full picture: the couple's savings, retirement accounts, home, and monthly income. Then we plan so the community spouse can stay stable while their partner receives care.

How the Medicaid Application Works

Florida's Department of Children and Families reviews long-term care applications. The process is paper-heavy, and mistakes can cause delays.

1. Meet with an attorney. We review finances and care needs.
2. Gather records. Expect to collect five years of bank statements, deeds, insurance papers, and income details.
3. Hold off on transfers. Don't give away or retitle anything before legal review.
4. Choose the care setting. Nursing homes, assisted living facilities, and home support services each work differently with Medicaid.
5. Apply and follow up. We prepare and submit the application and respond to requests for more information.

Why Delray Beach Families Choose LEEP LAW GROUP

• Dedicated Elder Law Focus: Partner Tara Wood concentrates her entire practice on elder rights and Medicaid planning, actively contributing to The Florida Bar’s Elder Law Section and conducting educational outreach in local nursing homes and clinics.
• Recognized Legal Excellence: Partner Christine Schafer pairs top-tier advocacy with proven credibility, holding a perfect 10.0 Avvo rating and multi-year recognition as a Super Lawyers Rising Star (2018–2024).
• Seamless Remote Collaboration for Out-of-State Relatives: We keep extended families aligned and informed regardless of distance through flexible video conferences, electronic document signing, and proactive updates.
• Straightforward, Plain-English Guidance: We demystify complex Medicaid regulations by explaining every strategy and filing in clear, accessible language so your family always understands what we are doing and why.

Delray Beach Medicaid Planning FAQs

Can I qualify for Medicaid if I own a home?

Often, yes. A primary residence is commonly exempt up to the home equity limit if you meet the rules. A spouse living in the home helps too. Medicaid may seek repayment from an estate after death, so we talk about that during planning.

Can I give my house to my children to qualify?

Doing that on your own can backfire. A transfer for less than market value can trigger a penalty period under the five-year look-back. Get legal advice first.

What is a Qualified Income Trust?

It is a special trust that holds the income above Florida's monthly cap, so a person with higher income can still qualify. It has strict setup and use rules. We prepare and review these trusts.

How long does a Medicaid application take?

It varies. Missing documents are a common cause of delays. Gathering records early helps.

Does Medicaid cover assisted living?

In some cases, Florida Medicaid can help pay for care services in an assisted living setting. It usually does not cover room and board. Availability depends on the program and the facility.

What if my parent needs care right now?

Call as soon as you can. Even in a crisis, there are often steps to take. We start by reviewing what your parent owns, what has been spent or transferred, and how quickly care is needed.

Talk With a Delray Beach Medicaid Planning Attorney

You don't have to figure this out alone, and you don't have to wait for a perfect moment. Call LEEP LAW GROUP at (561) 760-9685 or contact us online to schedule a free consultation. We're at 7700 Congress Avenue, Suite 1112, Boca Raton, and we can also meet on video.