Long-Term Care Planning Putting Your Legacy on Cruise Control

Long-Term Care Attorney in Fort Myers

Planning for Care Costs Before a Crisis Narrows Your Options

Long-term care planning is one of the most consequential decisions a family makes, yet most families delay it until a health event forces the issue. At Dorcey Law, we work with Fort Myers individuals and families to build a plan before urgency narrows every option. Florida doesn’t have a filial responsibility law, so a child generally can’t be held personally liable for a parent’s care costs. The real risk is that savings disappear faster than most families expect when skilled nursing, memory care, or assisted living enters the picture.

We offer free initial consultations for individuals and families beginning long-term care planning in Fort Myers. Call (239) 309-2870 to schedule yours.

Why Fort Myers Families Work with Dorcey Law

Our firm designates a Lead Long-Term Care Planning & Elder Law Attorney whose focus is guiding clients through this specific practice area. That structure means you aren’t passed between attorneys unfamiliar with your file. As a team-based firm with clearly defined roles, we bring a broader base of legal knowledge to each client relationship.

Structured Plan Maintenance Through Auto-Pilot

Planning doesn’t stop when documents are signed. Our Auto-Pilot Planning Program provides structured reviews and updates so your plan stays aligned as laws shift, assets change, and family circumstances evolve. Members receive priority appointments and defined response timelines, which matters when a care decision arrives without warning.

Full-Time Trust Funding Support

Our full-time Trust Funding Department addresses one of the most common breakdowns in long-term care planning: clients who have a solid plan on paper but whose assets were never properly aligned with it. We help complete that step to reduce the risk of costly surprises when care is needed.

What Long-Term Care Planning Covers

We start by reviewing your current health, family history, and preferred care setting, then evaluate how those wishes line up with your income, insurance coverage, and assets. That conversation shapes which legal tools make sense for your situation.

Florida Medicaid offers multiple long-term care pathways that can help cover nursing home care and, in some cases, in-home or assisted living services. The rules governing countable assets, exempt property, and transfer penalties are technical and change regularly. Making large financial moves without understanding those rules can create transfer penalties that delay or affect eligibility.

The legal tools we discuss may include certain types of trusts, updated durable powers of attorney, healthcare surrogate designations, and carefully timed asset transfers. We also coordinate long-term care plans with other estate planning documents, such as a revocable trust, beneficiary designations, and homestead titling, to reduce confusion if you become ill.

Fort Myers Families & the Cost of Waiting

Fort Myers draws a large retiree population, and we’ve seen firsthand how quickly skilled nursing facility and memory care costs can deplete savings that took decades to build. Incapacity and guardianship matters connected to long-term care planning may involve proceedings through the Lee County courts, and familiarity with that process helps us anticipate procedural steps before they become obstacles.

Start Your Long-Term Care Plan Now

The families who navigate long-term care with less disruption are the ones who planned while they still had time to weigh their options. Dorcey Law offers a free initial consultation so you can understand where you stand and what steps may make sense next.

Call (239) 309-2870 to schedule your free consultation with our long-term care planning team in Fort Myers.

Florida Medicaid Eligibility for Long-Term Care

Understanding the financial thresholds for Florida’s long-term care Medicaid programs helps families recognize how much planning time they have and which strategies apply. Early planning, rather than last-minute transfers, can produce better positioning for many families. These figures apply to 2026 and are subject to change.

Income Cap & the Miller Trust

Florida sets a gross monthly income cap of $2,982 for a single long-term care Medicaid applicant. Florida is an income-cap state, meaning applicants whose income exceeds that threshold can’t simply deduct expenses to qualify. Instead, the excess income must be directed into an irrevocable income trust, commonly called a Miller Trust, before Medicaid coverage can begin. Setting up a Miller Trust correctly is a technical step, and it must be in place before the application is approved.

Countable Asset Limit

A single applicant may retain no more than $2,000 in countable assets to meet Florida’s Medicaid long-term care eligibility threshold. Certain assets are exempt from this count, including a primary residence under defined conditions, one vehicle, and prepaid burial arrangements. Determining which assets are countable and which are exempt requires a careful review of the applicant’s full financial picture.

Community Spouse Resource Allowance

When one spouse needs long-term care, Florida protects the healthy spouse from complete impoverishment. In 2026, the Community Spouse Resource Allowance allows the at-home spouse to retain up to $162,660 in countable assets. Planning ahead can help a couple structure their finances in ways that support what the healthy spouse may keep while meeting eligibility requirements.

Medicaid Look-Back Period

Florida reviews the 60 months of financial transactions preceding a long-term care Medicaid application. This Medicaid look-back period examines whether any assets were transferred for less than fair market value. Transfers that don’t meet the rules can result in a penalty period during which Medicaid won’t cover care costs. The length of that penalty depends on the value of the transferred assets.

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Experiences From Our Happy Clients

“To this day, I am so thankful we are working with this firm and would highly recommend them.”
We had been looking for a law firm to help us with asset protection and revamping some trusts. We had met and worked with several lawyers but in the end were very disappointed. We happened to accept an invitation to meet Josh Dorsey and Michael Scott at a presentation of the company. We were extremely impressed and have been more than pleased ever since. They listened to our concerns and needs and devised a plan to meet all of them and explain additional documents that were extremely important. To this day, I am so thankful we are working with this firm and would highly recommend them.

- Cynthia A.
“You know that you are in good hands!”
“We hired The Dorcey Law Firm, PLC to draft legal documents for our clients.”

- Alexander I.
“Their integrity outshines a lot of their peers in the business.”
The Dorcey Law Firm, headed by Josh Dorcey, is one of the few professional offices that leaves you satisfied after you have talked to them...your questions are answered, and thoroughly explained. They are very responsive when a call is made. They are very knowledgeable and their expertise in their business is incomparable. They are also very courteous. very helpful. Their integrity outshines a lot of their peers in the business.

- Esther W.
“This girm turned my thoughts into a comprehensive estate plan.”
“I have been working with the firm for the past four years and have found that each and every person I have worked with was pleasant, responsive, and professional.”

- Fred B.

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We are dedicated to keeping your estate plan current with changes in your life and the law, providing you with peace of mind knowing your legacy will continue through all seasons of life.

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The Dorcey Law Direction

High Value Service
We pride ourselves in giving you high-value legal services and results for the money that you pay.
Established Roots in Florida
We have strong roots in Fort Myers and surrounding cities. We are well established and promise to be around to represent you, your children, and grandchildren!
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We are not the typical attorneys you will find in Florida. We are laid back and down to earth and believe in being someone you can talk with about delicate issues as if we were neighbors.