What Are the Rules for Medicaid Qualification (Part 7)? - Spousal Protections
For the final topic in our series on Medicaid qualification rules, we'll be looking at important information in regard to spousal protections. As with part six of our series, your Medicaid planning advisor can best help you determine how the rules apply to your specific circumstances in your specific locality. Before you get into the specifics, however, it’s always a good idea to familiarize yourself with the general federal guidelines for Medicaid qualification that apply everywhere. To start at the beginning of our series, click here.
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Spousal Protections
The spouses of nursing home residents are provided certain protections under Medicaid law. Here is a brief overview:
- Snapshot of Couple’s Assets – With married applicants, Medicaid takes a “snapshot” of the couple’s assets when the ill spouse enters a hospital or long term care facility for at least a 30-day stay.
- Community Spouse Resource Allowance – This rule allows the community spouse to keep up to $137,400 (2022) of additional assets above and beyond the non-countable assets. You may be permitted to keep assets above $137,400 if you meet certain criteria.
- Minimum Monthly Maintenance Needs Allowance – If the nursing home resident is the principal breadwinner, and the community spouse does not have enough income to live on, the community spouse can keep some or all of the nursing home spouse’s monthly income. The total amount the community spouse may retain is between $2,288.75 – $3,435.00 (2022).
For updated amounts and special exceptions, consult your Medicaid planning advisor.
As we've mentioned before; the best advice we can give you is this: Start planning now. No one knows what the future will bring. The sooner you start preparing for your golden years, the fewer surprises there are likely to be. And a little planning now can make a big difference for you and your loved ones later on. Contact us today for a consultation. We are glad to help.
If your health fails, we are ready to qualify you for the best care at home or facility of your choice, without losing your lifetime of assets.
Questions? Contact us, we can help. (248) 278-1511
This article, in our series regarding Medicaid qualification rules, by Michigan lawyer Nicole Wipp and the Family & Aging Law Center PLLC is not, and should not be construed as, legal advice. It is for general informational purposes only. To better understand how this legal concept can be applied to you, consult with an attorney.
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