Will I lose my house, or 1/2 the value of it, if I try to qualify my husband for long term care Medicaid?

THey're not going to kick you out of the house. You can live there for the rest of your life. But, I'm not sure what happens when you do sell the house??

Makes sense that you get to keep your pension and social security. His would go to the facility.

When you say "my" savings, is it all your own money? Is husband joint? Does he have his own savings?

Sounds like a nightmare. Sorry you are getting conflicting advice.

The rules are different for a COUPLE applying for Medicaid and a single person applying.

You, as the Community Spouse, are protected from impoverishment. The house will be subject to a lien from Medicaid when YOU die or sell the house if it is in both of your names.

I have a suggestion; do you have a trusted friend you can take with you to the lawyer for the next appointment? Two sets of ears is MUCH better than one.

My dad had modest means when my mother required a nursing home. After precious little time of a long term care policy paying, then briefly private pay, Medicaid kicked in. My mother’s SS went directly to her care. My father was left with the house, his entire SS, and his entire pension. He had to sell one car and keep one car. His lifestyle changed little to none. The business manager at the nursing home walked us through the entire Medicaid process at no cost. I’d recommend looking into facilities and speaking with the business manager

Chiokara, the "people" who are "advising" you:  are they attorneys?   If not, remember that they may have experience with Medicaid, but that doesn't mean they have the knowledge to share with you, as to your particular situation.  Although they may be helpful, you can't rely on their advice as you could someone who's educationally and experientially qualified to provide it.

I can't even count the number of times I've been given wrong "advice" by people who either thought they were helping, or thought they were qualified to provide expert information.  And that isn't just on medical or caring issues.  

In the decades I worked in law, whether at a court level or for law firms, I've only twice (that I can remember) encountered attorneys who were unqualified, but it was on the basis of integrity as opposed to misinformation to clients.

You need to talk to Medicaid. Each situation is different. I am just giving u the basics here. Each State is different.

If you have assets over your monthly income and SS, you can have them split. Insurance policies with cash in value need too be cashed in. This can be used to prepay a funeral, which is what I did. Is the 28k in both your names? Then it will need to be split. In your name only, I am not sure about. You will become the Community Spouse. As such, you can remain in the home and have one car. What you get from your combined monthly SS and pensions will depend on what you need to live on. You will probably get yours and part or all of his. The CS can not be made impoverished. When DH passes, a lean for the cost of his care will be placed on the house. Upon your death, the house will need to be sold to satisfy the lean. Even if you sell before that time, the lean will need to be satisfied. If someone in the family wants the home, they will need to pay the lean. Like I said, just the basics here. In your State you maybe able to keep both cars.

I have never understood why the first thing people say when Medicaid is involved is see an elder lawyer. I made an appt with a Medicaid caseworker. I sat down and he actually filled out the application asking me questions. I was given a list of things I needed to provide. I did have a lawyer but only for the house which is an exempt asset. Thats because the house was for sale in a bad market and I had a nephew living there. But, I did all the work getting things needed and dealing with the caseworker. Mom only had 20k to her name over and above her SS and small pension. I took the 20k and paid the NH privately for two months. The 3rd month, Medicaid Started.

Remember I said each State is different.

Thank you everyone. I know friends and acquaintances with different circumstances are trying to help me, but they scared me. Thank you for your kind and relevant advice.

Chiokara,

The elder law attorney advised you correctly. I, too, am an elder law attorney.

As the healthy spouse and to qualify your husband for Medicaid, based on your facts, you retain the family home, one car, furniture and personal property found in the house, a prepaid funeral arrangement, and all the savings.

The answer is indeed different for the CHILDREN of the person going into nursing care than for a spouse. If you had an appointment with a lawyer, check back with that person as you begin the process of admitting your husband to care. I doubt he would charge you much, if at all, for particular questions that pop up unexpectedly. I agree that both Medicaid and the nursing homes can answer questions as well. It is complicated and you are wise to be careful. It sounds to me that you are handling it well by asking questions. Good luck; it is worrisome to make such big changes in one's life.

Your home and One car are exempt. Medicaid may place a lien on the home when your husband passes. You can stay in your home until you pass. At your death, Medicaid Estate Recovery may try to collect from your estate. You will not be impoverished. They will not take your pension or SS.

Check to see if “spousal refusal” to qualify for Medicaid is available on your state. It works. We hired someone to do the paperwork ($3000) and she guided us through the process. Saved us ove $8000 per month for nursing care.

You are on the right track by speaking with an attorney. All states administer Medicaid slightly differently but............... the rights of a legally married spouse are totally different than those of children. Medicaid is generally not trying to make the "community spouse" (the person who remains in the house) homeless although you will have to pay for your utilities, house maintenance insurance and real estate tax. You and your husband have a legal relationship. Parents and their adult children, with the exception of a child who has been designated guardian or DPoA, have a moral relationship and even then there are exceptions. When I had to consider placement for my Mom, I was allowed to continue to live in the house because I had lived there as her caregiver for over 5 years even though the title was in both names. That would not have been the case if I had not lived in the house for 5 years.

If your attorney is well recommended and specializes in eldercare and Medicaid, please continue to work with him. The well being friends are coming from a different view.

Chlokara,

I would start the process. You have enough information at this point to ask questions if something doesn't seem inline with what the attorney told you.

I am so sorry that you are being bombarded with different case scenarios at a most difficult time for you.

One thing I highly recommend, send copies to Medicaid, number the documents when you get it all together, ie 1 of 100, 2 of 100. Keep a complete copy for yourself and in the event something goes missing you can ask the social worker to tell you what pages are missing. This will help tremendously in the case of careless handling but, it also stops alot of carelessness because it is obvious that they are responsible, as they received a set number of numbered documents.

You can do it! Best of luck!

Under Medicaid, a spouse is allowed the Social Security and pension of Medicaid recipient as well as their own Social Security and pension up to a set value that varies by stare.

Do this sooner rather than later as assisted living or memory care will rapidly deplete your funds. You are allowed savings that are different per state.

Most states have a recovery program that will put a lien on your house once you pass and as long as their is nonfamily member living in home.

An attorney absolutely best person to listen to. Paperwork is arduous - would get attorney to file first time. Then you will have to file yearly. Massive paperwork.

You can look at it this way, Medicaid is partly if not wholly funded by taxpayers. Don't you think it is fair that people who can pay even a little, take some of the sting off taxpayers,

You could probably get by with one car, so sell the other one(s) (You'll save on the associated costs, such as Insurance, maintenance, etc). That is a start.

On Hold, Medicaid determines how much of his pension you get to keep. The nursing will get the remainder toward his care.

I was told your house is not counted as part of you holdings as long as you live there and not Rent it out or sell it

If the lawyer you consulted specializes in elder law or family in your location, you can trust their advice. Many people jump through hoops to obtain financing for long term care without consulting a lawyer first. They are usually the source of these horror stories. If you need to get advice from a second source, make an appointment with social security administration about this issue.

My situation is a little different. Currently my father is in a living assisted facility and I am paying for it with his social security and pension. My brother is currently living in his co op apartment, worth about $180,000. I have poa, should I put the apartment in mine and my brother's name to start the 5 year count down? I am thinking this is our only option or is there another way to do this? I know if my father deteriorates before the 5 years and then has to go into a NH then it is what it is. We can't afford an elder care lawyer. I appreciate any help. Im in New York

People give bad advice. Get second opinions from experts. An expert is someone who does something for a living. Lawyers, doctors, nursing home administrators, Medicaid advisors.

Advice from general people, like us here, are helpful for figuring out what questions to ask the experts. Advice from general people, like us here, should never be taken as the final word.

For example, my parents listened to family and friends about how to pay for my mom’s terminal cancer treatment. My parents went completely broke - no house, no retirement savings. They lost everything and then she died.

When my dad got sick I asked experts about how to pay for his care. That’s when I learned the truth: my parents never had to loose their house, never had to loose their savings, never had to become a destitute burden on me. By then it was too late.

They listened to well intentioned family and friends and we suffered for it. Get your advice from multiple experts so you don’t end up like them.

There are safeguards in place for the spouse in situations such as yours. Here's a link for some information: https://www.elderlawanswers.com/medicaid-protections-for-the-healthy-spouse-12019

HI, I am helping my dad with that right now. Your elder law attorney is exactly right. You will become the community spouse and you will keep all if your assets, money everything except for whatever the attorney will be charging you. Please let the elder law attorney help you through this. It is well worth the money. You will not be able to do it yourself. Please, the lawyer is correct.

In the majority of states the spouse who is healthy and living in the house can simply have the sick spouse sign all of their assets over to the healthy spouse. That’s what my parents did. My Dad has been able to keep his house and SS with no penalties for 25 yrs now.

Onholdinmidwest,

As the community spouse, you retain all the monthly income that comes in your name. If your monthly income does the Monthly Maintenance Needs amount for your State - which amount is $2,739.00 in Illinois, the difference is shifted from your husband's income to you. What remains of his monthly income goes to the nursing home as his Medicaid co-pay, with the exception of $30, which he gets to keep for haircuts, etc.

Helpingdad77,

If you think there is a good chance that he will make it 5 years, your plan works. Make sure the POA allows you to make gifts to yourself; if it does not, you could face a claim that you breached your fiduciary duty to him.

Apeter,

Your response that between spouses, particularly that an unhealthy spouse can give everything to a healthy spouse is correct, with the exception of IRAs.

Chloraka: In regard to Medicaid, a house is a non countable asset.

Chlokara,

Take what has been said here and see a lawyer.

Every situation is different. I would seek out an eldercare attorney who is also a MEDICAID SPECIALIST - it might be one and the same or someone different but the is where you start. Learn everything you can from the attorney. Then I would also seek information from a Medcaid specialist and speak with Medicare directly. This is so involved, you can't do this alone. Different states have different laws.

Onholdinmidwest,

Each state has a specific Monthly Maintenance Needs Allowance (MMNA). If you tell me your state, I will give you the specifics.

You can have any amount of income. As long as it comes in your name, you keep it. If your total is less than the MMNA, you get the difference each month from your husband's income. The balance of his income is paid to the nursing home, less a small monthly amount so he can get personal items; it is known as his share of costs.

JoAnn29,

In the case of a husband and wife. When one party enters a nursing home, the other party is referred to as the "community spouse." As long as the community spouse (CS) lives in the house, the state will not put a lien on it for the Medicaid benefits received by the institutionalized spouse. If the CS laters sells the property, the CS receives all the funds.