Legal Question in Elder Law in Florida

''Spending Down'' - Medicaid

Good day. My Mom is on SS and VA benefits. She is about $400 over to qualify for Medicaid here in Florida. She has no assets. She is legally blind/diabetes and recently diagnosed with Alz.

She lives ''independently'' for now but it's getting difficult for me. I would like her to attend Adult Day Care and will eventually need a nurse. (not enough money to afford her needs). I've heard of ''spending down'' so she can qualify for Medicaid. Would I need to get a Tax ID and use 1099 at the end of the year to ''pay'' myself? She wants to be cremated so a burial account really isn't necessary. What legal ways can I spend down w/o too many complications. I am chronically ill and need to get the help she deserves as soon as possible so I can live to see 50! Thank you, in advance for responding. I really appreciate it.


Asked on 9/15/07, 8:30 pm

1 Answer from Attorneys
David Ellis david Robert Ellis, P.A.

Re: ''Spending Down'' - Medicaid

You need to meet with an attorney who does Medicaid Planning for your Mom. There are many options available for your mother. I would not want her to spend all of her assets before attempting to qualify for Medicaid. Also, if she is over the income limit, she stil will not qualify even after she has spent all of her money. She will need an income only trust to handle this as well.

What County is your Mom in?

David Robert Ellis

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Answered on 9/17/07, 11:14 am


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