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How much money can I, a wife, keep before Medicaid kicks in to pay my husband's nursing home care?

Daytona Beach, FL |

We can pay about 45,000 now. I have annuities amounting to about 100,000 besides the 45,000.

Attorney Answers 3

Posted

Depends on program and circumstances. A spouse who lives in the community and isn't on a Medicaid long term care program is entitled to a community spouse resource allowance of half countable resources or approx $115,000 whichever is less or in some states the CSRA is the max of about $115,000. The annuities may or may not count depending on various factors. You likely are leaving big bucks on the table unless you consult an elder law attorney to learn your options to fund the nursing home care. Typically EL attorneys can help save much, much more than the legal fees.

Lawrence Friedman, Bridgewater, NJ. Certified as an Elder Law Attorney by the ABA approved National Elder Law Foundation, former Chair NJ State Bar Association Elder and Disabilities Law Section, Member Board of Consultors of NJSBA Real Property, Trusts & Estates Law Section, Vice Chair Special Needs Law Section of National Academy of Elder Law Attorneys, and Master of Laws (LL.M.) in Taxation from N.Y.U. School of Law. Visit SpecialNeedsNJ.com for articles and Q&A on elder law, special needs, wills, trusts, estates, and tax. Visit SpecialNeedsNJ.com/blog and subscribe for free timely updates to be delivered to your inbox. Information on both Avvo and SpecialNeedsNJ.com does not constitute legal advice, as it is general in nature and may not apply to your situation or be subject to important changes. No attorney client relationship exists unless set forth in written engagement terms.

Lawrence Friedman, Bridgewater, NJ. Certified as an Elder Law Attorney by the ABA approved National Elder Law Foundation, former Chair NJ State Bar Association Elder and Disabilities Law Section, Member Board of Consultors of NJSBA Real Property, Trusts & Estates Law Section, Vice Chair Special Needs Law Section of National Academy of Elder Law Attorneys, and Master of Laws (LL.M.) in Taxation from N.Y.U. School of Law. Visit SpecialNeedsNJ.com for articles and Q&A on elder law, special needs, wills, trusts, estates, and tax. Visit SpecialNeedsNJ.com/blog and subscribe for free timely updates to be delivered to your inbox. Information on both Avvo and SpecialNeedsNJ.com does not constitute legal advice, as it is general in nature and may not apply to your situation or be subject to important changes. No attorney client relationship exists unless set forth in written engagement terms.

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A community spouse in Florida can retain up to 115,920 in Medicaid countable assets and his/her spouse still will qualify for Medicaid nursing home care. In Florida "Spousal Refusal" is still recognized if a community spouse follows the laws on how to effectuate a spousal refusal, the community spouse can keep over the 115,920 and the ill spouse still qualifies for nursing home Medicaid. Implementing spousal refusal has traps and one must retina an elder law attorney who knows Medicaid laws well to do it and ensure compliance with laws. I have done this for 15 years and been successful.

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With Medicaid there is an asset limitation and an income limitation. It would do you good to schedule a Medicaid consultation with an elder law attorney to explore your options.

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