Elder Law Basics: The Assisted Living Waiver

Elder 9If you or a loved one needs to move into an assisted living home of any type, you will want to learn about the assisted living waiver. This is a program offered by the State of Florida to help make it easier for elderly residents to get the care they need. It will typically be a part of the Statewide Medicaid Managed Care Program. Whether you need this right away or you are just planning for the future, understanding the assisted living waiver will help ensure you have everything you need.

What Exactly Is it?

The state of Florida has a large number of elderly residents, which means they have a large number of people who need help with day to day activities. In many areas, there simply aren’t enough rooms in an actual assisted living community or nursing home, which is why this waiver was created. Those who are able can remain living at home and use the waiver to pay for the day to day care that they require. The services that can be provided with this waiver include things like adult companion services, adult day care, attendant care, home accessibility adaptation, home delivered meals, skilled nursing, medical equipment, nutritional assessment, personal care, and more. For many people, this is the ideal way to maintain as much independence as possible while still getting the care and help they need.

Who Qualifies?

There are two main eligibility requirements that need to be met in order to get the assisted living waiver. First, your health must require nursing home care. This will be determined by your doctor, and the criteria are set by the Comprehensive Assessment and Review for Long-Term Care Services (CARES) team in Florida. Additionally, you will need to meet certain financial requirements. An application will only be approved if your monthly income is below $2205, and your assets are not above $2000 ($3000 if you are a married couple).

These financial restrictions often seem quite severe, but there are a number of things that can make it easier to qualify. First, if you are married, the non-application spouse can keep up to $120,900 in assets, and additionally, can receive up to $3022.50 per month before there is any impact to the eligibility. For many people, a Miller Trust can be used to funnel income into a trust so that it is not counted toward the income limitations. Talking to an estate planning attorney will help you to determine the best way for you to qualify.

Get the Help You Need

If you or your loved one would like to use the assisted living waiver program, we can help. Our team has helped many people qualify for, and enroll in, this program so they can get the exact level of care that they require. Please contact ProActive Legal Care to talk with us today.

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