08/21/2026
"We make too much to qualify."
We hear this constantly, and it's usually wrong.
Florida is an income-cap state. For 2026, the monthly income limit for an individual applying for long-term care Medicaid is $2,982. Families do the math on a parent's Social Security and pension, land above the number, and conclude the door is closed.
But Florida law recognizes a Qualified Income Trust — often called a Miller Trust — built for exactly this situation. Income above the cap goes into the trust, and when it's properly drafted, funded, and administered, the applicant can meet the income test.
The asset side works similarly. The countable limit for 2026 is $2,000, and the word doing the work in that sentence is countable. The primary residence is frequently exempt, subject to a home equity limit. So is a vehicle. So are household goods and certain burial arrangements.
For a lot of Florida households, the largest thing they own doesn't count at all.
The most expensive mistake in this area isn't failing to qualify. It's deciding you don't qualify without ever asking someone who knows the rules — and paying privately for years as a result.
Blog link: https://www.absolutelawgroup.com/post/the-medicaid-eligibility-rules-florida-families-misunderstand-most
Absolute Law Group | Estate Planning & Elder Law | Ocala, FL
