Elder Law — Sarasota, Florida
A parent in the hospital. A discharge planner telling you she cannot go home. A nursing home bill that is more than your mortgage. You are not the first family to face this moment without a plan — and there is more that can be done than you think. Fairhaven Elder Law has guided Sarasota families through exactly this crisis for more than twenty years.
The myth that costs families everything
"You have to plan five years ahead, so it's too late for us."
This is wrong — and believing it stops families from calling. Crisis Medicaid planning exists precisely for this moment. Do not give money away or transfer the house before you speak with us.
Find out what options remain →Start Here
Select the situation that brought you here. We will tell you what is actually going on, what options genuinely remain, what to do this week — and, critically, what not to do.
What is really happening: The hospital discharge planner works on the hospital's timeline, not your family's. When they say your parent "cannot go home," they mean the hospital will not keep her — not necessarily that she cannot ever go home. You may have more time and more options than you are being told.
Do not transfer the house or give money away this week. Families in crisis often make transfers believing it will protect assets. Under Medicaid's look-back rules, transfers made within five years can create a period of ineligibility. An attorney can tell you which transfers are safe and which will cause harm. Get advice before you act.
What is really happening: Nursing home care in the Sarasota area currently costs $8,000 to $12,000 per month. Medicare pays for a limited rehabilitation period only — it does not pay for long-term custodial care. The primary government program for long-term nursing home care is Florida Medicaid's Institutional Care Program (ICP). Even if your parent is already in a facility, Medicaid planning may reduce what the family pays and protect assets for the community spouse.
You are not required to spend every dollar before Medicaid helps. Florida's spousal protections are substantial. A community spouse may keep the home, a car, a minimum monthly maintenance allowance, and significant countable assets. What qualifies and how much varies — but "spend down to nothing" is almost never the accurate legal answer.
What is really happening: Private pay at a memory care or assisted living facility is not sustainable indefinitely for most families. The fact that you have been paying privately does not disqualify you from Medicaid — but the transition requires planning, and the sooner you start, the more options remain.
The single most damaging mistake families make at this stage is transferring the house or making large cash gifts to children, believing this will speed Medicaid eligibility. It does the opposite: it creates a period of ineligibility that begins after assets have already been spent. Do not act without legal advice.
What is really happening: If a parent has dementia and has not signed a durable power of attorney or healthcare surrogate designation, family members may not have the legal authority to manage finances or make medical decisions — even for obvious necessities. This feels like a locked door. There are ways through it.
Capacity is not all-or-nothing. A person with dementia may still have sufficient legal capacity to sign certain documents on a good day. An attorney can assess this and, if documents can be signed, ensure they are executed properly. Do not assume it is too late without asking.
What is really happening: Elder financial exploitation is the most common form of elder abuse, and family members are frequently the perpetrators. If a sibling, caregiver, or other person is taking money, pressuring your parent to change a will or beneficiary, or isolating your parent from family, you have both civil and criminal remedies available.
Act quickly. Assets can be moved, documents changed, and property sold rapidly once an exploiter knows they are being watched. An attorney can seek emergency relief from a court when time is critical. Every week of delay can mean money that is harder to recover.
What is really happening: You may have been told by a caseworker, a hospital social worker, or even a nursing home admissions coordinator that you must spend all your assets before Medicaid will help. This is often incorrect or significantly overstated. Florida Medicaid has rules that are more nuanced — and an elder law attorney can help you understand what is actually required and what is protected.
Not all spend-down is equal. Some spend-down preserves value (paying off the mortgage builds equity in an exempt asset). Other spend-down simply depletes resources. A Medicaid planning attorney can guide you toward the options that comply with the rules and protect the most for the community spouse and the family.
What is really happening: Florida Medicaid denials are common and they are frequently wrong, incomplete, or based on a misreading of the application or supporting documents. You have the right to appeal, and an attorney representing you at the fair hearing has a substantially better record than self-represented applicants.
The appeal deadline is critical. Missing it can waive your right to challenge the denial. If you received a denial notice, call us the same day. We will tell you immediately whether we believe the denial was proper and whether an appeal is worthwhile.
What is really happening: You are in the best possible position — you have time. Early planning dramatically expands the options available to protect assets, preserve your choices about care, and ensure that the people around you have the legal authority to help when they need to. The five-year look-back period means that some of the most powerful strategies take time to execute. Starting now means they will be fully in place if you ever need them.
Planning ahead is an act of love for the people who will care for you. It removes impossible decisions from their shoulders and ensures that what happens reflects your own wishes, not the default rules of the law or the urgency of a crisis.
Select a situation above to see what options your family has right now.
Common Misconceptions
These beliefs stop families from calling us at all, or lead them to take actions that make their situation worse. Every one of them is wrong.
Crisis Medicaid planning is a real and legitimate practice area. While advance planning expands your options, families who call the day a parent is discharged from the hospital still have meaningful choices. The look-back period affects some strategies, not all. Call before you decide it is too late.
Medicare covers up to 100 days of skilled nursing facility care following a qualifying hospital stay of at least three days — and the coverage is limited after day 20. Medicare does not cover long-term custodial care: the kind of care most people need when they can no longer live independently. Medicaid covers long-term care; Medicare generally does not.
The home, one car, household goods, and prepaid funeral arrangements are exempt. The community spouse (the husband or wife still living at home) may keep substantial assets and a protected monthly income. What you are required to spend, and on what, is far more limited than the phrase "spend down" suggests.
Florida's Medicaid Estate Recovery Program may file a claim against the estate after a Medicaid recipient passes — but there are significant exceptions. The claim cannot be made while a community spouse, minor child, or disabled child is living in the home. Proper planning — including a Lady Bird deed — can protect the homestead from estate recovery entirely.
Even after a parent enters a facility, there are planning steps that may protect assets for the community spouse, fund a special needs trust for a disabled child, or put the homestead beyond the reach of estate recovery. The options are more limited than they would have been with earlier planning, but they are real. The time to find out what remains is now.
Planning Tool
Select any funding source to see what it covers, what it does not, who qualifies, and the honest catch. Understanding these distinctions is the most valuable thing you can learn before a crisis arrives.
This tool provides general information only. Rules change frequently and individual eligibility depends on specific facts. This is not legal advice. Consult an attorney for guidance on your situation. Fairhaven Elder Law is not affiliated with, endorsed by, or acting on behalf of Medicaid, Medicare, the Department of Veterans Affairs, or any government agency.
Medicare's 100-day benefit is often the first stop after a hospitalization — rehabilitation following a hip fracture or stroke, for example. But when the rehabilitation phase ends and the need shifts to ongoing personal care, Medicare stops paying. Families are frequently unprepared for this transition. The Medicaid application process should begin during the Medicare rehabilitation period, not after it ends.
Florida Medicaid has a 60-month (five-year) look-back period. Any asset transfers made for less than fair market value within five years of application may create a period of ineligibility. This does not mean planning is pointless — crisis planning within the look-back period is still possible with the right strategies. But some strategies require time to execute safely, and the sooner you call, the more options remain.
Long-term care insurance is an excellent tool — if you bought it before you needed it. Premiums have risen sharply, and many policies have been discontinued. Once a health event occurs, insurability may be lost entirely. If your parent does not have an existing policy, insurance is rarely an option at the point of crisis. We recommend reviewing any existing policy for hidden benefits families sometimes miss.
VA Aid and Attendance is dramatically underutilized — many families do not know the benefit exists or do not realize their parent qualifies. Be very cautious about non-attorney "VA benefits planners" or fee-based consultants who charge to help with VA applications — accredited VA claims agents and attorneys may charge only for work before the Board of Veterans' Appeals. Applications to VA itself must be filed without a fee for an initial claim. We can tell you whether a claim is worth pursuing and help coordinate VA and Medicaid planning.
Private pay is the default for most families when care begins because Medicaid applications take time and insurance may not be in place. It provides the most freedom and immediate access to care, but it depletes assets rapidly. Most families cannot sustain private pay indefinitely.
Planning for the transition from private pay to Medicaid — ideally before private pay begins, but even during it — is one of the most important things an elder law attorney does. Calling us while you are still private-pay gives you the most options. Calling after assets are nearly gone leaves fewer choices but not zero.
Assets spent on private care before Medicaid is approved are generally gone — they cannot be recovered. Every month of private pay without a Medicaid plan in progress may be a month of assets that could otherwise have been protected.
A personal services contract must be carefully drafted by an attorney to withstand Medicaid scrutiny. An improperly structured contract — one that is too vague, pays for past services, or compensates at an unreasonable rate — will be treated by Medicaid as a disqualifying transfer. The contract must document the services rendered, the rate, and the payment terms with precision.
This is an area where non-attorney guidance frequently goes wrong. We have seen families pay tens of thousands of dollars under informal caregiving arrangements that Medicaid later disallowed, creating a penalty period at the worst possible time. Do not attempt this without legal advice.
Family caregiving is emotionally and physically demanding. The adult child who is managing a parent's care, working full-time, raising children, and now researching Medicaid is often the same person who is most exhausted and most in need of guidance. We understand that this is not just a legal problem — it is a family crisis.
We try to make the legal piece of this as clear and manageable as possible so that the family can focus on what matters. If a personal services contract or the caregiver child exception applies, we will identify it. If Medicaid planning can reduce the financial burden, we will find out. The goal is to give you one less thing to carry.
How We Help
From crisis response to long-term planning, Fairhaven Elder Law provides the full range of legal services that Sarasota families need when an aging parent's needs change.
We handle Florida Medicaid Institutional Care Program applications from start to approval. We assess eligibility, identify planning opportunities within the rules, prepare all required documentation, and represent families in the application process. For families in crisis, we move quickly. For families planning ahead, we develop a multi-year strategy that protects the most.
A Medicaid Asset Protection Trust (MAPT) is an irrevocable trust that, once established, begins the five-year look-back clock. Assets transferred into the trust are no longer countable for Medicaid purposes after the look-back period — but the grantor may still receive income from the trust. This is one of the most powerful tools available to families planning ahead, and it must be drafted precisely.
When one spouse needs nursing home care and the other remains at home, Florida's spousal impoverishment rules protect the community spouse from poverty. We help families understand the Community Spouse Resource Allowance, the Minimum Monthly Maintenance Needs Allowance, and the strategies available to maximize what the community spouse can keep.
Florida's homestead protections are among the strongest in the country. We advise on how the homestead interacts with Medicaid eligibility, estate recovery, and family inheritance. A Lady Bird deed (Florida enhanced life estate deed) allows the homestead to pass directly to heirs at death without probate and without triggering Medicaid estate recovery, while the owner retains full control during their lifetime.
When a person can no longer manage their finances or make safe decisions about their personal care, and no legal documents are in place, Florida guardianship provides court-supervised protection. We handle both voluntary and contested guardianship proceedings. Where possible, we identify less-restrictive alternatives: advocacy agreements, representative payee status, or a limited guardianship that preserves maximum autonomy.
Florida's durable power of attorney and healthcare surrogate designation are the two most important documents an older adult can have. Without them, families must go to court to get authority that a single properly signed document would have provided. We prepare these documents to be durable, broad enough to be useful, and specific enough to honor your parent's actual wishes.
Wartime veterans and their surviving spouses may qualify for a meaningful monthly pension through the VA's Aid and Attendance program. We are accredited by the Department of Veterans Affairs to assist with these claims. We identify eligibility, coordinate VA planning with Medicaid planning (the two programs have different rules and must be coordinated carefully), and file the claim.
Nursing home residents have legal rights under federal and Florida law that facilities must respect. If a facility is attempting to discharge your parent against their will, reducing care quality, or violating their dignity, we can intervene. We handle discharge appeal hearings before the Florida Division of Administrative Hearings and advocate directly with facilities and their administrators.
Elder financial exploitation is reportable in Florida and carries civil and criminal penalties. Florida Statute §825.103 provides for treble damages (three times the actual loss) in civil cases involving exploitation of a vulnerable adult. We investigate, pursue civil remedies, and coordinate with Adult Protective Services and law enforcement when the facts warrant.
An adult child or grandchild with a disability who receives means-tested benefits like SSI and Medicaid must be provided for carefully. A properly drafted special needs trust (supplemental needs trust) allows the family to leave resources for that person without disqualifying them from essential benefits. Drafting errors in these trusts can cause the very harm they are meant to prevent.
A Florida living will and healthcare surrogate designation ensure that your parent's wishes about end-of-life care are legally binding and clearly stated. We prepare advance directives that reflect actual preferences — not just forms — and ensure that the people with authority to act can access and exercise it when they need to.
Florida Medicaid denials are frequently incorrect or based on incomplete information. We represent families in fair hearings before the Florida Division of Administrative Hearings, challenging denials based on improper look-back determinations, asset valuation errors, income calculation mistakes, and documentation issues. Appeal deadlines are strict — contact us the day you receive a denial.
1800 Second Street, Suite 901
Sarasota, FL 34236
What to Expect
We know you are likely calling us in the middle of a stressful situation. Our job at the first meeting is to listen, explain what is actually happening legally, and give you a clear picture of your options. No jargon, no unanswered questions, no pressure.
An attorney (not a paralegal or intake coordinator) talks with you about what is happening. We need about 30 minutes. You can include whichever family members need to be part of the conversation. We will tell you, honestly, whether and how we can help.
We review your parent's financial documents, legal documents, and care situation. For Medicaid cases, we run a full eligibility analysis and identify what needs to happen to reach eligibility as quickly and with as much asset protection as possible. This work happens quickly when the situation requires it.
We present a plan in writing and a flat-fee engagement agreement so you know exactly what the legal work will cost. For Medicaid applications, we charge a flat fee for the application and the representation through the approval. There are no hourly billing surprises.
We prepare all legal documents, submit the Medicaid application, respond to agency requests for additional information, and keep you updated. You do not have to navigate the government bureaucracy alone. We do this every week — it is not new to us.
When Medicaid is approved, we walk you through what happens next: the monthly patient pay obligation, the facility billing relationship, and what to watch for. Elder law situations are rarely one-and-done — we remain available as circumstances change.
The Attorneys
Every Fairhaven client works directly with one of our attorneys. You will not be passed to a paralegal for substantive legal questions, and you will never have to re-explain your family's situation from scratch.
Founding Attorney
Margaret founded Fairhaven in 2004 after watching her own grandmother navigate a nursing home admission without legal guidance. That experience convinced her that families in the middle of a care crisis needed an attorney who understood both the law and the emotional weight of what they were carrying. She holds the CELA credential, awarded by the National Elder Law Foundation to fewer than 500 attorneys nationally, and has testified before the Florida Legislature on elder financial exploitation. Her practice focuses on Medicaid crisis planning and elder abuse.
Partner
David joined Fairhaven in 2009. His practice centers on guardianship, special needs trusts, and VA benefits coordination. He has represented families in Florida guardianship proceedings at every level and developed the firm's approach to integrating VA Aid and Attendance planning with Medicaid planning — a coordination that most non-specialist attorneys get wrong. He is a member of the Special Needs Alliance, a national organization of attorneys focused on planning for people with disabilities and their families.
Associate Attorney
Priya joined Fairhaven in 2019. Her practice focuses on Medicaid applications, advance planning, and nursing home resident rights. She handles the firm's discharge appeal work, representing families at administrative hearings when a facility seeks to involuntarily discharge a resident. She is an active member of the NAELA Young Leaders program and has presented on Medicaid crisis planning at Florida Bar continuing legal education programs.
Transparent Pricing
Families in the middle of a care crisis do not need billing uncertainty on top of everything else. We charge flat fees for defined services wherever possible, so you know exactly what you are paying and what it includes.
Our fee for a Florida Medicaid Institutional Care Program application covers eligibility analysis, document preparation, submission, and representation through the approval decision. No hourly charges, no surprise invoices. We quote the fee at our first meeting based on the complexity of your parent's financial situation.
Our comprehensive elder law planning package covers the core documents and structures for a family planning while everyone is healthy. Includes a durable power of attorney, healthcare surrogate designation, living will, and a strategy session for long-term asset protection. Additional documents (Lady Bird deed, MAPT, special needs trust) are quoted separately.
Guardianship proceedings vary significantly in complexity depending on whether the matter is contested, the ward's assets, and the county. We quote a fee estimate at our first meeting and explain what the process involves so you understand what you are committing to before you begin.
The free family consultation does not create an attorney-client relationship. After the consultation, we will tell you whether we can help and provide a written fee quote. You decide whether to proceed. There is never any obligation.
Client Reflections
These reflections represent individual client experiences. Prior results and client testimonials do not guarantee a similar outcome in any other matter. Each family's situation is unique.
"My mother was in the hospital on a Thursday. By Friday morning I had called Fairhaven. Margaret explained the Medicaid rules in plain language, told me exactly what to do and what not to do, and had us in a plan within a week. Mom is in a good facility now and Medicaid is covering the cost. I cannot imagine how much worse this would have gone without them."
"We had no idea my father qualified for VA Aid and Attendance. Nobody at the facility mentioned it. David Okafor identified it at our very first call, filed the claim, and my father now receives more than $1,500 per month toward his care costs. That money makes an enormous difference for our family."
"My brother was taking money from our mother's account and isolating her from the rest of the family. Fairhaven moved quickly, got an emergency guardianship hearing scheduled, and put legal protections in place within two weeks. I did not think it was possible to act that fast. The peace of mind was worth everything."
Common Questions
We are happy to answer any question in a free consultation. Call us at 941-555-0183 or use the form below.
No. Medicaid planning can still help even after a parent has entered a nursing facility. The options are more limited than they would have been before placement, but they are real. Spousal protections may still apply. The home may be protectable. In some cases, it is possible to restructure assets in a Medicaid-compliant way and submit an application even after months of private-pay care. Do not assume it is too late without speaking to an attorney.
Medicare pays for up to 100 days of skilled nursing facility care following a qualifying hospital stay of at least three consecutive inpatient days — days 1 through 20 in full, days 21 through 100 with a substantial daily co-payment, and nothing after day 100. Medicare does not pay for long-term custodial care, which is what most people actually need when they can no longer live independently. Medicaid is the primary government program for long-term nursing home care, not Medicare.
Florida Medicaid reviews all asset transfers made within 60 months (five years) of an application. If assets were transferred for less than fair market value during that period, Medicaid may impose a period of ineligibility proportional to the value transferred. This does not mean all planning within the look-back period is impossible. Many strategies are fully compliant within the look-back period: spending down on exempt assets, paying legitimate debts, establishing a Miller trust for excess income, and in some cases using Medicaid-compliant annuities or promissory notes. What the look-back period does rule out is giving away money or transferring the house to children without a carefully structured plan.
Florida's Medicaid Estate Recovery Program may file a claim against a Medicaid recipient's estate after death, and the home is an estate asset if the recipient had an interest in it at death. However, the state cannot recover if a surviving spouse, a minor child, or a disabled or blind child is living in the home. A Lady Bird deed (enhanced life estate deed) removes the home from the Medicaid recipient's estate entirely at death, avoiding estate recovery and probate simultaneously. This is one of the most commonly used and effective tools in Florida elder law planning — and it is available even to families who are already in a Medicaid application.
Yes, through a properly drafted personal services contract. The contract must be for future services, not past care; the compensation must reflect the fair market rate for equivalent professional care in the community; the payments reduce countable assets in a Medicaid-compliant way; and the income is taxable and reportable by the caregiver. A personal services contract drafted incorrectly will be treated by Medicaid as a disqualifying transfer. This is an area where getting legal advice before paying any family member is essential.
Florida's spousal impoverishment protections are among the most important rules in Medicaid law. The community spouse (the spouse remaining at home) may generally keep: the primary home; one vehicle; household goods and personal effects; and the Community Spouse Resource Allowance (CSRA) — between approximately $30,828 and $154,140 in countable assets, depending on the couple's total assets (2025 figures). The community spouse is also entitled to a Minimum Monthly Maintenance Needs Allowance from the institutionalized spouse's income. If the community spouse's income is below the MMMNA floor, the Medicaid recipient's income may be redirected to bring the community spouse up to that level. These rules are more protective than most families expect.
Dementia is a spectrum, and a person with dementia may still have sufficient legal capacity to execute a power of attorney on a good day. An attorney can evaluate capacity and, if documents can be signed, ensure they are properly witnessed and notarized. If the person lacks capacity entirely, a guardianship petition with the Florida probate court may be necessary. We can help determine which path applies, move quickly when an emergency exists, and identify less-restrictive alternatives where possible.
A 30- to 45-minute call or meeting with one of our attorneys. We listen to your parent's situation, explain the relevant legal landscape in plain language, tell you what options we believe exist, and give you an honest assessment of what we can and cannot help with. We then provide a written fee quote if you wish to proceed. The consultation is free, there is no obligation, and it does not create an attorney-client relationship. We offer phone consultations for families who are not in the Sarasota area or who are managing a crisis and cannot come in.
Free Family Consultation
An attorney will respond within one business day — usually the same day for urgent situations. Completing this form does not create an attorney-client relationship. Please do not include sensitive financial details until we have spoken.
An attorney will contact you within one business day — sooner for urgent situations. We look forward to helping your family find a path forward.
Find Us
1800 Second Street, Suite 901Office hours
Monday – Friday, 9 AM – 5 PM
Evening consultations available by appointment
Phone consultations available for out-of-area families
