With all long-term care planning, it is best to have a discussion with an elder-law attorney and your financial planner to determine the best method of protecting your assets. This article seeks to give a brief overview of the Medicaid qualification process with special attention to how spouses are treated by the system.
What is EBD Medicaid—EBD Medicaid is a state-financed system set up to pay for long-term care for those who are elderly, blind, or disabled. Even if an individual is elderly (over 65 years old), blind, or disabled, further qualifications for this type of Medicaid are complex, consisting of an analysis of both assets and income.
Will the state take my home away from my spouse if I need Medicaid— In brief, no, the state cannot take away your home from your spouse as long as the spouse lives in the home. Indeed, even if you were unmarried, the state would not be allowed to take your home away so long as you have previously indicated, in writing or orally, that you want to return home at some point in the future. However, under current laws, while the state may not seek to take away a home from either you or your spouse during your lifetimes, the state may attach a lien (a claim) on the home to be paid after both you and your spouse have died. It is possible via advance planning to protect your home for your children, but as to the question of whether the state will take your home while you still live, the answer is simply, no.
Is my spouse allowed to keep any money when I am on Medicaid--Yes, Medicaid laws have several safeguards in place to prevent spouses from being pushed into poverty due to the costs of long-term care. These are what are called ‘Spousal Impoverishment’ provisions.
Spousal Impoverishment provisions are a complex set of rules that allow a community spouse (the spouse who is not in the nursing home) to keep certain assets and income, while not disqualifying the institutionalized spouse (the spouse who is in the nursing home) from qualifying for Medicaid. The extent of the assets that the community spouse gets to keep is directly related to the types of assets the couple owns. For more information, contact an elder-law attorney to analyze your specific situation and explain how to best maximize the community spouse’s ability to keep property in the event you need long-term care.
What is EBD Medicaid—EBD Medicaid is a state-financed system set up to pay for long-term care for those who are elderly, blind, or disabled. Even if an individual is elderly (over 65 years old), blind, or disabled, further qualifications for this type of Medicaid are complex, consisting of an analysis of both assets and income.
Will the state take my home away from my spouse if I need Medicaid— In brief, no, the state cannot take away your home from your spouse as long as the spouse lives in the home. Indeed, even if you were unmarried, the state would not be allowed to take your home away so long as you have previously indicated, in writing or orally, that you want to return home at some point in the future. However, under current laws, while the state may not seek to take away a home from either you or your spouse during your lifetimes, the state may attach a lien (a claim) on the home to be paid after both you and your spouse have died. It is possible via advance planning to protect your home for your children, but as to the question of whether the state will take your home while you still live, the answer is simply, no.
Is my spouse allowed to keep any money when I am on Medicaid--Yes, Medicaid laws have several safeguards in place to prevent spouses from being pushed into poverty due to the costs of long-term care. These are what are called ‘Spousal Impoverishment’ provisions.
Spousal Impoverishment provisions are a complex set of rules that allow a community spouse (the spouse who is not in the nursing home) to keep certain assets and income, while not disqualifying the institutionalized spouse (the spouse who is in the nursing home) from qualifying for Medicaid. The extent of the assets that the community spouse gets to keep is directly related to the types of assets the couple owns. For more information, contact an elder-law attorney to analyze your specific situation and explain how to best maximize the community spouse’s ability to keep property in the event you need long-term care.
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