Printer Friendly Version Medicaid Planning and Division of Assets
As life expectancies and long-term costs continue to rise, the challenge becomes how to pay for
these services. Many people cannot afford to pay $4,500 per month or more for the cost of a
nursing home. They may find their life savings wiped out in a matter of months, rather than years.
Fortunately, the Medicaid Program is there to help. In fact, in our lifetime, Medicaid has become
the long-term care insurance of the middle class. However, in order to qualify to receive Medicaid
benefits, you must pass certain tests on the amount of income and assets that you have. The reason
for Medicaid planning is simple. The rules are extremely complicated and confusing. The result is
that without planning and advice, many people spend more than they should and their family
security is jeopardized.
There are specific rules that protect the spouse at home if the other spouse is going into a nursing
home. These rules are called the Spousal Impoverishment provisions. The intent of the law was to
change the eligibility requirements for Medicaid where one spouse needs nursing home care while
the other spouse remains at home. The law recognizes that it makes little sense to impoverish both
spouses when only one needs to qualify for Medicaid assistance for nursing home care.
We offer an information booklet titled “The Guide to Medicaid Planning, Division of Assets and
Spousal Support.” This guide addresses issues such as:
- What assets are exempt and what are countable;
- What can you keep and what is at risk;
- How much income can the at-home spouse keep; and
- What you can do if your income is over the income cap.
The Guide also includes a number of real-life examples and case studies. They’ll help give you an
understanding of what steps you can legally take to protect your assets.