Legal Question in Elder Law in Florida

Re: Medic Aid trust

You should meet with a Medicaid Planning attorney of your choosing to have the Medicaid qualification process explained to you. I do not recommend that you attempt to set up any type of trust without first seeking the advice of a competent attorney. The Medicaid qualification process can be long and frustrating, I recommend seeking the advice of a qualified attorney.

Re: Medic Aid trust

If you mean a medicaid qualifying trust or even an income trust there is only one step: see a qualified attorney! The rules are very specific and if done incorrectly you risk the loss (retroactively, meaning must pay back) of medicaid benefits.

Re: Medic Aid trust (Medicaid Trust)

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

I would have to guess you are talking about a trust for Medicaid purposes. The trust is called a Qualified Income Trust and should be set up by an elder law attorney who is experienced in these matters. It is extremely detailed oriented and any mistake can disqualify the protection sought by the trust.

Scott R. Jay, Esq.

Re: Medic Aid trust

It sounds like you or a close relative would like look at some type of trust that would enable that person to qualify for Medicaid benefits law while keeping other assets in a trust which could pass assets to the beneficiaries of the trust. I would suggest that you could benefit by sending me a phone number and a time I call you to discuss this in greater detail