Florida Elder Law & Medicaid Attorney —
don't let nursing home costs wipe out everything you've built.
Florida nursing home care costs $120,000–$160,000 per year. Medicaid requires you to spend down to $2,000 before it pays. But with 5 years of advance planning, you can protect everything.
Without planning vs. with a MAPT
A Medicaid Asset Protection Trust (MAPT) funded five or more years before you need care can be the difference between preserving your estate and losing it to nursing home costs.
Without Planning
With MAPT (Started 5 Yrs Prior)
The average nursing home stay in Florida is 2.7 years. Florida Medicaid requires spend-down to $2,000 in countable assets before benefits begin.
Know the current limits
Florida Medicaid eligibility rules are specific and updated annually. These are the 2026 figures for the Institutional Care Program (nursing home Medicaid).
What is a Medicaid Asset Protection Trust (MAPT)?
A MAPT is an irrevocable trust specifically designed to hold your assets outside of your countable estate — so they are not considered available to pay for your nursing home care when you apply for Medicaid.
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1You create an irrevocable trust The MAPT is drafted by your attorney and signed by you as Grantor. It is irrevocable — you give up ownership of assets placed in it.
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2You transfer assets into the trust Your home, bank accounts, investment accounts, or other property are retitled to the trust. The 5-year look-back clock starts now.
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3A trustee manages the assets Usually an adult child or trusted person. You can retain the right to receive income from the trust, but not principal.
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4After 5 years: full Medicaid protection Once the look-back period passes, assets in the MAPT are NOT counted for Medicaid eligibility. You can apply for benefits without spend-down.
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5At your death: assets pass to heirs without probate Trust assets transfer directly to your beneficiaries — no probate, no Medicaid estate recovery on trust-held assets.
Timing is everything
The MAPT's 5-year look-back is non-negotiable. Any transfer to the trust within 60 months of your Medicaid application creates a penalty period. Start early — ideally in your 60s or early 70s, before you have a pressing health need.
Who should consider a MAPT?
Florida residents 60+ with significant assets (home, savings, investments) who want to protect what they've built, have adult children willing to serve as trustee, and have 5+ years before anticipated care needs.
What a MAPT protects — and what it doesn't
What a MAPT can protect
Assets must be transferred to the MAPT 5+ years before Medicaid application to be fully protected.
What a MAPT does NOT protect
IRAs and retirement accounts have different rules — they are often countable assets but subject to minimum distributions. Separate planning required.
Protect Your Home Without a MAPT
The Lady Bird Deed (Enhanced Life Estate Deed) is a powerful, low-cost Florida option for clients whose primary asset is their home — and who want Medicaid and probate protection without the complexity of a full MAPT.
Perfect for: clients whose primary asset is their Florida home, who want Medicaid and probate protection at minimal cost, without giving up any control during their lifetime.
How the look-back period works
Medicaid reviews all transfers you made within 60 months of applying. Assets transferred inside the look-back period can result in a penalty — months of disqualification during which Medicaid won't pay.
Clock starts now.
Apply for Medicaid if needed — trust assets not counted.
Best time to start: 5+ years before you think you'll need care. Second best: TODAY.
When the 5-year window has passed
If your loved one is already in — or about to enter — a nursing home, the look-back period may still be running. But options exist. Don't assume there's nothing to be done.
Call us now — even in crisis, there may be options.
We have helped families protect meaningful assets even after nursing home admission. The strategies are different, the timeline is compressed, and not every option works in every situation — but many families are surprised at what can still be done.
Spousal Asset Protections (CSRA)
The community spouse may retain the Community Spouse Resource Allowance ($154,140 in 2026) plus the primary residence. Proper spousal planning can protect far more than most families expect.
Caregiver Child Exception
If an adult child lived in your home and provided care that delayed nursing home placement, the home may be transferred to that child without triggering the look-back penalty.
Disabled Child Exception
A transfer of the home to a blind or disabled child of any age does not trigger the look-back period — regardless of timing.
Qualified Income Trust (Miller Trust)
If monthly income exceeds Florida's $2,982 limit, a Qualified Income Trust (QIT) routes the excess to a special account — allowing Medicaid eligibility despite the income overage.
Annuity Conversion Strategies
In some circumstances, converting countable assets into a Medicaid-compliant annuity for the community spouse can reduce the institutionalized spouse's countable assets and accelerate eligibility.
Spend-Down to Exempt Assets
Not all spending disqualifies — paying off a mortgage, prepaying burial expenses, or making home improvements with countable funds can reduce countable assets in permissible ways.
Elder law services & fees
Flat-fee pricing on drafting services. Consultations billed hourly. We quote the full scope upfront.
MAPT + Lady Bird Deed Package
$3,500Complete Medicaid asset protection trust + enhanced life estate deed for your home — the most comprehensive protection package
Lady Bird Deed Only
$350Protect your home from probate and Medicaid estate recovery — no look-back triggered, retain full control
Medicaid Crisis Planning Consultation
$500/hrFor families already facing nursing home admission — assess available options and develop an immediate strategy
Qualified Income Trust (Miller Trust)
$750Required when monthly income exceeds the Medicaid income cap — allows eligibility despite excess income
Don't wait — every month matters.
Each month you delay is a month closer to the lookback window closing. Schedule your elder law consultation today — speak directly with Attorney Simpson about your situation.
Prefer to start online? Begin your plan with the Florida Estate Kit →
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