Florida Medicaid Planning Attorney - Orlando & Winter Park


Finding ways to help families pay for long-term care is an important goal for any Medicaid Planning attorney. The median cost of a private room in a Florida nursing home in 2023 is $10,213, according to the Genworth Cost of Care Survey. Semi-private rooms are not much better at $9,181.

Very few Orlando seniors – or their families – can manage this kind of expense. But with people today living longer than ever before, long-term care at home or in an assisted living facility has become a necessity for many. As the baby boomer generation continues to age, more and more families will face this issue in the coming years.

At the Flammia Elder Law Firm, we understand this problem all too well, and if you contact us, we can help. As Orlando Medicaid attorneys with decades of legal experience, we have worked with families struggling to find money so their loved ones can receive the care they need without emptying savings or retirement accounts to cover the cost. But it does not have to be this way. There is another option: you can plan to qualify for Medicaid.


Client Review

These are compassionate and extremely knowledgeable people. The all worked to make sure that I got Medicaid for my husband and that my own financial house was in order. I highly recommend them!!!

5 Star Google Review – J.P.

For more resources on Medicaid Planning in Orlando, visit the Flammia Elder Law Firm’s Free Resources page to find out about upcoming FREE workshops, watch educational videos, and explore other materials.

To learn how we can help you, contact us today at (407) 478-8700 or email us.

Medicaid Planning FAQ

Medicaid is a need-based program created by the government for people 65 and older, blind, or declared disabled by the Social Security Administration to assist with home and community-based assisted living services. It can be used to cover the costs of general health care as well as long-term care.

In other words, Medicaid can help pay for long-term care in a nursing home or an assisted living facility, memory care, or in the home.

Because Medicaid is a needs-based benefit, many people do not consider it. They do not believe that they will qualify. While it is true that to be eligible for the Medicaid program, you must meet strict financial requirements, numerous legal mechanisms are available to help individuals obtain eligibility.

Florida Medicaid eligibility requirements change from year to year. Here are the current standards:

2024 Medicaid Eligibility Standards for Long-Term Care in Florida


  • Individual Applicant…$2,000.00
  • Community Spouse…$154,140.00
  • Joint Applicants……..$3,000.00 


  • Individual Applicant… $2,829.00/month
  • Personal Needs Allowance… $160.00/month 

Community Spouse

  • Minimum Monthly Maintenance Needs Allowance… $2,465.00
  • Maximum Monthly Maintenance Needs Allowance… $3,853.00 

Assets You Can Keep

  • Homestead Property: Equity $713,000.00
  • Automobile(s)
  • $2,500.00 Face Value of Cash Value Life Insurance for Applicant
  • $2,500.00 Face Value of Cash Value Life Insurance for Spouse
  • Irrevocable Funeral Plan(s) for Applicant
  • Irrevocable Funeral Plan(s) for Spouse
  • Penalty Period Divisor: $10,438.00
  • Exclusion of IRA for Applicant *
  • Exclusion of IRA for Spouse *

*Certain criteria must be met.

Many people don’t realize that the law allows for legal tools that can help you meet these requirements while keeping your home, many of your assets, and, in some instances, your income. As Orlando Medicaid attorneys, we are well-equipped to assess assets and income and can offer pragmatic and strategic guidance that could qualify you for Florida Medicaid.

Individuals aged 65 or older, blind, or declared disabled by the Social Security Administration may qualify for long-term care services through Florida Medicaid.

Eligibility for LTC services is jointly determined by two state entities. The DOEA is responsible for determining medical eligibility for Medicaid, while the Department of Children and Families (DCF) assesses financial eligibility for Medicaid.[1]

[1] Who Can Receive Long-Term Care Services?, Florida Agency for Health Care Administration, https://ahca.myflorida.com/medicaid/statewide-medicaid-managed-care/long-term-care-program/who-can-receive-long-term-care-services.

The Florida Medicaid program offers a wide variety of home and community-based services designed to support individuals to live either in their own homes or within a community environment.

Florida Medicaid Services include:

  • Companion Care for Adults
  • Day Health Care for Adults
  • Assistance with Daily Living Activities
  • Supportive Living Environments
  • Care by Attendants and Nurses
  • Management of Behavioral Issues
  • Training for Caregivers
  • Coordination and Management of Care
  • Modifications for Home Accessibility
  • Delivery of Meals to Homes
  • Household Management Services
  • End-of-Life Care
  • Nursing Services, both Intermittent and Skilled
  • Provision of Medical Equipment and Supplies
  • Management of Medications
  • Nutritional Evaluation and Risk Management
  • Nursing Home Facilities
  • Therapeutic Occupational Services
  • Assistance with Personal Care
  • Emergency Response Systems for Personal Use
  • Temporary Relief Care (Respite Care)
  • Physical Rehabilitation Therapy
  • Therapy for Respiratory Issues
  • Therapy for Speech and Language
  • Transportation Related to LTC Services

Work with a knowledgeable Florida Medicaid planning attorney. Kathleen Flammia is an experienced Florida Bar Board Certified Elder Law attorney specializing in Medicaid planning. She serves Orlando, Winter Park, and the surrounding Central Florida area. She and her team of elder care law experts are ready to help.

Simply put, Medicaid planning is a way to protect the assets and, in some instances, the income of an individual who needs healthcare assistance at home in a enter a nursing home or assisted living facility. It enables families to get their loved ones the long-term care they need without forcing them into poverty. Setting up a Medicaid plan early and converting nonexempt assets to exempt assets is the key to gaining government assistance.

The best way to ensure you or your loved one will qualify for Medicaid without a huge loss of assets is to start planning well before long-term care is needed. As an experienced Medicaid planning attorney, Kathleen Flammia knows exactly which legal strategies to use to protect and preserve the assets of her Orlando-area clients.

Whether you are planning to pay for long-term care, experiencing an unexpected health crisis, or are already in a nursing home, the Flammia Elder Law Firm can help you protect your assets. Because everyone’s situation is unique, Medicaid Planning strategies are never “one size fits all.”  You may be married, single, or a military veteran. You may or may not own your home. You may have very little savings and income, or you may have moderate to high wealth.

Whatever your situation, the dedicated Winter Park Medicaid lawyers at Flammia Elder Law Firm will help you craft a plan to provide for your family’s future by providing you with personalized, in-depth guidance about all facets of long-term care. We will also assist in planning, crafting, and submitting the application to increase your chances of receiving benefits.

Crisis planning is what happens when decisions need to be made quickly. Maybe you did not believe that you or your loved one would ever really need long-term care. Maybe you kept intending to start planning for it but never got around to it. Maybe you were not aware of how expensive long-term care is.

A huge number of seniors are forced to enter long-term care without engaging in Medicaid planning. And when they do, they quickly discover that their families’ resources cannot handle the financial burden of paying out-of-pocket for assisted living or a nursing home. To get the help they need, they often must divest themselves of most of their assets.

While this situation is far from ideal, even seniors already admitted into a nursing home can preserve some of their assets—with proper guidance from a Medicaid planning attorney. Kathleen Flammia has helped many clients in these types of “crisis situations” devise a plan that preserves as many assets as possible.

Can a Florida Medicaid Planning Attorney Help?

Yes! Whether you are planning in advance, your loved one has an immediate need for nursing home care, or you are already in a nursing home, our experienced Orlando Medicaid planning lawyers can help. We will work with you to create a plan that protects you, your family, and your assets. We will help you to navigate the complicated world of Medicaid Planning, making sure you understand your options and that you are comfortable with the plan you ultimately create.

What Our Clients Say

Three gold stars for all of you. You worked hard for us. We really appreciate all you have done for us. We had a lot going on and with your help we finally got it together. You all know what you are doing. Our thanks to all of you.

Past Client

Comprehensive and flexible approach to estate planning. Easy to work with.


Kathleen and her team made the process of setting up our wills very easy! Thanks for giving us great peace of mind!

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