Medicaid Eligibility and the Florida Lady Bird Deed

by Anthony J. Cetrangelo on Sep. 19, 2018

Estate Estate Planning Estate 

Summary: This article focuses on Lady Bird Deeds and if they affect medicaid eligibility.

Florida Lady Bird Deeds (also known as, Enhanced Life Estate Deeds) have many benefits as discussed in previous articles. A common question that often arises when discussing these types of deeds is, “How will a Lady Bird Deed affect my Medicaid eligibility? Isn’t it considered a transfer?”

Medicaid has a 60-month (5-year) lookback period of assets that have been transferred, when assessing a person’s eligibility for governmental benefits. Fortunately, a Lady Bird Deed will not be considered a transferred property for the purposes of this lookback period.

The reason why the Lady Bird Deed will not affect the lookback period is because you retain the rights to your real property during your life. The Lady Bird Deed is disregarded for Medicaid purposes and therefore will not hurt your Medicaid eligibility.

Legal Articles Additional Disclaimer

Lawyer.com is not a law firm and does not offer legal advice. Content posted on Lawyer.com is the sole responsibility of the person from whom such content originated and is not reviewed or commented on by Lawyer.com. The application of law to any set of facts is a highly specialized skill, practiced by lawyers and often dependent on jurisdiction. Content on the site of a legal nature may or may not be accurate for a particular state or jurisdiction and may largely depend on specific circumstances surrounding individual cases, which may or may not be consistent with your circumstances or may no longer be up-to-date to the extent that laws have changed since posting. Legal articles therefore are for review as general research and for use in helping to gauge a lawyer's expertise on a matter. If you are seeking specific legal advice, Lawyer.com recommends that you contact a lawyer to review your specific issues. See Lawyer.com's full Terms of Use for more information.