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Medicaid Planning Attorney in Daytona Beach

Medicaid asset protection techniques

There are multiple planning options available to achieve Medicaid eligibility without having to give up your life savings.  Every, Stack & Upchurch frequently assists our clients in obtaining Medicaid benefits.

Contact the law firm of Every, Stack & Upchurch to speak with an attorney to protect your assets while qualifying for Medicaid benefits.  Our attorneys are available to meet clients in their home, hospital, or nursing home.

Florida Medicaid planning services

The amount that these options can save will also vary based on your situation.  We urge you to make an appointment to speak to an attorney about your Medicaid planning needs.  

Every, Stack & Upchurch is familiar with the Florida Medicaid requirements and offers solutions to protect your property through:

Personal service contracts

A person in a long-term care facility, nursing home, or other institution may choose to hire a family member or care-giver to perform tasks on an “as needed” basis.  This allows the applicant to compensate their loved ones for the hard work they take on on their behalf.

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Annuities

An annuity is one of the most viable options for a couple whose community assets exceed the $109,560 limit.  You and your spouse make a series of payments to an insurer and then receive a monthly stipend.  

You must make sure your annuity is irrevocable, meets actuary standards, and lists the State of Florida as the first beneficiary.  Discuss your case needs with Every, Stack & Upchurch to make sure your annuity meets the Florida Medicaid guidelines.

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Irrevocable trusts

Irrevocable trusts are commonly set up as a method of pre-planning for Medicaid requirements.  There are good points about irrevocable trusts, such as the fact that the settler has income from the trust.  There are disadvantages too, such as the settler must give up his or her rights to access the principal.

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Gifting

You must be extremely careful when making gifts.  Florida considers a gift an “uncompensated transfer” and these affect your Medicaid eligibility.  If you make an uncompensated transfer, the state holds you responsible for your long-term care costs for a period of time based on the uncompensated transfer.

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Exempt assets from Florida Medicaid

Every, Stack & Upchurch makes sure our clients know what assets Florida does not consider when calculating an applicants resources:

  • Home with less than $500,000 equity (for a widowed or single applicant)
  • Life insurance policies
  • Motor vehicles
  • Burial plan
  • Burial fund
  • Personal property

The Florida Medicaid program has many requirements for applicants to meet and there are ways to protect your assets.  Every, Stack & Upchurch show you how to use these plans and exemptions to your advantage.  

Call 1 386 255-1925 for Medicaid planning lawyers in Florida.

444 Seabreeze Boulevard, Suite 1003
Daytona Beach, Florida 32118

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