Planning. Protecting. Preserving


17841 Murdock Circle, Port Charlotte, Florida 33948
941-625-4158
Monday – Friday 8:30 AM – 5:00 PM

Medicaid Planning & Asset Protection

Compassionate Guidance for Medicaid Planning

Facing the illness of a spouse or aging parent can be an emotional and challenging time. Finding the best care for your loved one is critical, yet the fear of how to pay for that care can be overwhelming and hinder decision-making. You don’t have to navigate these decisions alone.

Our experienced Attorneys in Medicaid planning offer compassionate guidance and customized strategies. We ensure that you understand all your options and provide personalized legal advice to meet eligibility requirements while safeguarding your assets. With our support, families facing the challenges of caring for elderly or disabled loved ones can access Medicaid benefits with peace of mind and financial security.

Frequently Asked Questions about Medicaid Rules and Regulations

Navigating Medicaid laws can be complex, especially concerning the elderly and disabled. Here are answers to some frequently asked questions:

How Do I Apply for Medicaid? Please don’t rush to fill out a Medicaid application. Many avoidable mistakes can occur by applying too soon, even if you believe you meet Medicaid eligibility. We strongly recommend that you seek one-on-one legal guidance from our office before applying. Proper planning should precede your application for Medicaid. When necessary, we can develop a comprehensive plan to meet Medicaid’s spend-down requirements while protecting your assets. Our services will include assistance with filing the Medicaid application. 

What if my income is too high? In 2025, the applicant's gross income cannot exceed $2,901. If your income exceeds this limit, don’t worry—proper planning can help. With a Qualified Income Trust (QIT), we can assist in managing your income to meet Medicaid eligibility requirements. Our firm is prepared to help you establish this trust, allowing you to qualify for benefits while protecting your assets.

Will Medicaid Take My House or Car? A car of any value will not be counted as an asset. Additionally, your homestead is not considered a countable asset as long as its equity value is less than $730,000 (in 2025).

If My Spouse Needs Medicaid, What Can I Protect? Assets exempt from Medicaid include:

  • One vehicle less than 7 years old
  • Multiple vehicles older than 7 years
  • Irrevocable pre-need funeral arrangements
  • Burial plots for the applicant and immediate family
  • A primary residence with a value capped at $730,000 for single applicants (in 2025)
  • Life insurance with a face or cash value capped at $2,500
  • Burial expense fund capped at $2,500
  • Personal effects and household goods
  • Retirement accounts (if taking periodic systematic withdrawals)

In 2025, countable assets for the spouse may equal $157,920.00, while the ill spouse may keep $2,000. Although most income of an ill person must be paid to the nursing home, an unlimited amount of income belonging to the spouse may be retained. In some cases, income diversion for the well spouse can be sought, and our firm can assist in that regard.

Medicaid Assistance in the Southwest, Florida Area

Schwarz & Harris, P.A. provides comprehensive Medicaid assistance services. Our team helps clients understand Medicaid eligibility requirements, navigate the application process, and develop comprehensive plans to protect assets while obtaining benefits. We clarify concerns regarding asset exemptions and provide personalized guidance to ensure clients can access Medicaid benefits with confidence.

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