Can I Get Medicaid Benefits While Living In My Home?

The simple answer is ‘yes.’ Medicaid will pay for a home health agency to provide services to assist you with activities of daily living (‘ADLs’). Alternatively, you can select ‘Consumer Directed Care’ and have your family caregiver paid for providing services to you.

Here is what you need to know:

• Community Medicaid (services provided in your private residence, an assisted living facility, or a memory care center) is not as well funded in the State of Florida Medicaid budget as the skilled nursing home Medicaid program. As a result, many counties tend to have a waiting list.
• It is important that you have the guidance of an experienced elder law attorney who understands the process of being placed on the waiting list, the type of questions you will be asked during the telephone interview, and how to advocate for yourself or your loved one.
• While you are on the waiting list, it is important to consult with an experienced elder law attorney to create a plan to preserve and maximize your resources and income. An elder law attorney can also help you explore other options for care in the interim and respite for your primary caregiver.
• No one can predict how long you will be on the waiting list, so it is very important that we create a Durable Power of Attorney so that a trusted person can implement a plan to qualify you for Medicaid in the event of your incapacity.
• When your name comes off the waiting list, you will have 30 days to file the Medicaid financial application. That time goes by quickly, so being prepared in advance is crucial! If you don’t file the Medicaid application in a timely manner, your name may have to go back on the waiting list.

Getting correct and complete legal advice is investing in your future and your care. Do it right the first time by partnering with a Board Certified Elder Law Attorney. I work with clients living in Florida and can meet with them in person or by video conference. If you are reading this blog and don’t live in Florida, contact the National Academy of Elder Law Attorneys (www.naela.org) to find an elder law attorney near you.