Medicaid helps many Florida seniors afford nursing home or assisted living care. But strict income limits can make qualifying difficult. One of the most common questions is: “What is a qualified income trust, and can Medicaid planning in Florida use it to help me qualify?”

The answer is yes. A qualified income trust (QIT)—also known as a Miller Trust—is a powerful planning tool that can help seniors with income above Medicaid's threshold still become eligible for essential benefits.

Medicaid Income Limits in Florida

Florida Medicaid has strict financial eligibility rules. For 2025, the income cap for long-term care Medicaid is $2,901 per month (this number changes annually).

If your gross monthly income is even one dollar over the limit, you are disqualified from Medicaid—even if you otherwise meet the asset test and need care.

This is where a qualified income trust comes in.

What Is a Qualified Income Trust?

A qualified income trust is a special type of bank account created under federal and Florida Medicaid rules. It allows individuals with “excess” income to legally redirect that income into the trust so they can meet Medicaid's eligibility requirements.

Here's how it works:

• The applicant sets up the trust with the help of an attorney.

• Monthly income above Medicaid's limit is deposited into the trust account.

• Funds in the trust are used to pay for approved expenses, such as the Medicaid recipient's share of nursing home costs.

• By placing excess income into the trust, the applicant is considered within Medicaid's income limit.

Key Rules for Qualified Income Trusts

To be effective for Medicaid planning in Florida, a QIT must follow these rules:

An elderly parent is cared for by their adult child, symbolizing Medicaid planning and family support.

1. Irrevocable – Once created, the trust cannot be changed or canceled.

2. Trustee Required – A trustee (often a spouse, family member, or trusted person) must manage the trust account.

3. Medicaid Payback – Upon the Medicaid recipient's death, remaining funds in the trust are used to reimburse Medicaid.

4. Proper Deposits – All excess income over the Medicaid cap must be deposited each month.

5. Florida Law Compliance – The trust must be properly drafted under Florida statutes to be valid.

Benefits of a Qualified Income Trust

• Medicaid Eligibility: Allows applicants over the income cap to qualify.

• Access to Care: Ensures coverage for costly nursing home or assisted living services.

• Peace of Mind: Protects families from having to pay thousands out-of-pocket each month.

Without a QIT, many Florida seniors would be locked out of Medicaid coverage despite needing care.

Why You Need a Davie Medicaid Attorney

Setting up a qualified income trust is not a do-it-yourself project. Mistakes—such as depositing the wrong amount or drafting the trust incorrectly—can cause Medicaid denial.

A Davie Medicaid attorney can:

• Draft a legally valid qualified income trust.

• Help you choose a trustee and set up the bank account.

• Advise on how much income must be deposited each month.

• Ensure compliance with Florida and federal Medicaid rules.

Proper legal guidance is critical to protecting eligibility and avoiding costly mistakes.

Final Thoughts

So, what is a qualified income trust? It's a legal tool that helps Florida seniors with income above Medicaid's cap still qualify for essential long-term care benefits.

Through Medicaid planning in Florida, a QIT can make the difference between being denied care and receiving the coverage you need. By working with an experienced Davie Medicaid attorney, you can set up a qualified income trust correctly and gain peace of mind knowing your care needs are covered.

Disclaimer: This article is provided for informational purposes only and does not constitute legal advice. Reading this content does not create an attorney-client relationship between you and Gold Legacy Law. For legal advice regarding your personal situation, please contact our office to schedule a consultation.