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Specializing in Elder Law
Florida Bar Board Certified
410 South Lincoln Avenue | Clearwater, Florida 33756-5826
Phone: 727.441.4516 |  E-mail:

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Requirements for a married person to qualify for Medicaid under the Institutional Care (Nursing Home) Program are as follows:


  • At least 65 years of age or disabled.
  • Citizen of United States or alien who has been admitted as permanent resident.
  • Resident of Florida. Anyone residing in a nursing home certified for Medicaid is considered a resident of Florida.
  • Medical need for nursing home care as established by the CARES team of the Department of Elder Affairs (DOEA).
  • Assets for the applicant of less than $2,000  at least one day of each month of Medicaid eligibility. If the applicant's gross income is less than $710 per month, the applicant is allowed to have up to $5,000 in assets.
  • Assets of the applicant's spouse of $115,920 at time of Medicaid application.
  • Monthly GROSS available income not to exceed the State Income Standard ($2,130 as of January 2013).
  • Under no disqualification  period during the look-back period because of transfer of assets or gifts in excess of $6,880 prior to November 1, 2007, and for gifts or charitable donations of any amount after November 1, 2007.

 Assets that are not counted in the asset limits:

·    Homestead - if the applicant intends to return home with a home equity limit of $525,000.

  • Homestead - if a dependent SSI-disabled child lives there.
  • Additional Property if rented or listed for sale at fair market value.
  • Property used in trade or business.
  • Vehicle - regardless of age or value.
  • Additional vehicle(s) - if seven years old or older unless it is a luxury model, an antique or customized.
  • Life Insurance - with no cash value.
  • Life Insurance - with cash value - if the total face value of all life insurance policies is less than $2,500 per person.
  • Irrevocable burial contracts.
  • $2,500 per person designated for burial  expenses - revocable burial contracts, bank accounts designated for burial by notation in the title, or life insurance policies.
  • One burial  plot per family member.
  • Retirement accounts (IRAs) that are making regular automatic periodic distributions.

 Assets that are counted in the asset limits:

  • Checking accounts
  • Savings accounts
  • Brokerage accounts
  • Certificates of deposit
  • Stocks and bonds
  • U.S. savings bonds
  • Real Property
  • Limited partnerships
  • Life Insurance cash value if the total face value of all policies is greater than $2,500 per person.
  • Boats
  • Loans
  • Annuities
  • IRAs not making regular periodic distributions
  • Any resource or item of value owned jointly by the applicant or the applicant's spouse.

Income included in $2,130 limit:

  • Social Security
  • Civil Service
  • Pension
  • Annuity payments
  • Retirement accounts
  • Interest
  • Dividends
  • Alimony
  • Rental income
  • Life insurance proceeds
  • Long Term Care Insurance

Income excluded from $2,130 limit:

  • Vendor payments
  • Aid and Attendance from Veterans Administration



Floridia Board Certied Elder Law