Legal Question in Wills and Trusts in Florida

Re: Deed w/Special Power of Appointment

You should have a your lawyer explain the creation of a Medicaid Trust and the look back provision.

Re: Deed w/Special Power of Appointment

First, I'm not real sure what you mean by "transferring ownership of real estate to protect it from Florida Medicaid claims". If you mean can you transfer property before you apply for Florida Nursing Home medicaid, the answer is "No", at least so long as the asset was transferred within 5 years of your applying. It is irrelevant what form you use, if you transfer property for less than it's value to a child within 5 years of your applying for Nursing Home Medicaid they will deny your application on the grounds that you made the transfer, and you will be ineligible for a period of time based on the value of the asset. Medicaid is not going to try to 'undo' the transfer, they'll simply tell you you aren't eligible for medicaid. If you aren't eligible for it, you don't receive it, and Florida Medicaid has no basis for recovering.

If you are asking how you can transfer property to avoid an existing medicaid lien, it depends; did you disclose the property when you applied for medicaid? If not, then you may have committed Medicaid fraud and you may be prosecuted; they may also go after the transfer under Florida's Fraudulent Transfer Statute. If you did disclose it, it was probably exempt; and if it was exempt, depending on the exemption, it may remain exempt after your death.

I'd really suggest you talk to an attorney who handles these sorts of cases- Medicaid Applications.