The applicant can have $2,000 in countable resources.
A single person can have no more than $2,000.00 in resources (assets) in his or her name (plus the homeplace and certain other limited exempt resources).
The community spouse can have $109,560 in countable resources.
The community spouse can have no more than $109,560.00 in resources in his or her name (plus the homeplace and certain other limited exempt resources).
The applicant's income is subject to an Income Cap.
The applicant's total gross monthly income (e.g. Social Security, pension, investment income, etc.) is limited to a maximum of $2,022.00 per month. If the applicant's income exceeds this limit, it will be necessary for the applicant, his agent under a Durable Financial Power of Attorney, or his Conservator to establish a Qualified Income Trust (also known as a Miller Trust).
In Georgia, a Medicaid applicant is allowed to keep his homeplace for eligibility purposes, if he intends to return to it. However, under OBRA 93 Congress mandated a new program called "Estate Recovery." Under Estate Recovery the state is empowered to file a lien against the Medicaid recipient's probate and non-probate estate, including both real and personal property, as a means of recouping the Medicaid dollars spent on his behalf during his lifetime. As of May 3, 2006, Georgia now has such a program in place. Every potential Georgia Medicaid applicant should seriously consider the implications of Estate Recovery in the planning process.
Can Assets be Transferred to Qualify for Medicaid?
The rules regarding transfers of assets to an individual other than one's spouse have become more restrictive with the passage of the Deficit Reduction Act in February 2006. Today a five year look back applies, such that transfers made within five years of applying for Medicaid benefits must be disclosed. While the Medicaid law has become more restrictive and qualifying for Medicaid has become more difficult, a number of planning options remain for those who are practiced in applying the law. Therefore, as with all technical legal planning issues, it is best to consult an Elder Law Attorney who practices regularly in the area of Medicaid law before independently initiating any activities (such as transferring assets) to accomplish Medicaid qualification.
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