In order for you to establish nursing home Medicaid eligibility for a loved one there are many criteria you must meet. The three most important criteria are:
- Income Eligibility
- Resource Eligibility
- No Penalties
In order for a Medicaid applicant to be eligible in terms of their income, they must not receive more than $2,130 in income each month. If your loved one is over this limit under no circumstances will they be found eligible for nursing home Medicaid. There is a way around this income limitation however, the Miller Trust. The Miller Trust is used only for Medicaid applicants that are over the Medicaid income eligibility limit.
In order for a Medicaid applicant to be eligible in terms of resources, they must not have more than $2,000 in counted resources. If your loved one is over this limit, then contact us to learn how to make the most of their resources before everything is spent on nursing home costs.
If you are the spouse of a Medicaid applicant, the default rules allow you to generally keep half of your resources. There is a minimum of $23,184 and a maximum of $115,920. This does not mean you can everything up to $115,920. For example, if you have $75,000 in counted resources, under the default rules you will only be able to keep approximately $37,500. The rest will go to the nursing home.
If you work with The Shea Law Firm, odds are that you could protect a lot more than what the State of Texas will give you and in many cases a spouse is able to protect everything with the proper strategy. It is my goal to avoid any spend down of assets and to preserve the financial security of the Medicaid Applicant’s spouse.
A penalty is imposed for every transfer of assets by a Medicaid applicant or his or her spouse in the last five years. If your loved one has a penalizing transfer or event in the last five years then they will not be eligible for Medicaid benefits until the penalty period expires.
Take the first step towards protecting your loved one and establishing Medicaid eligibility sooner rather than later by calling (832) 592-7913.
If you would like some more information on Medicaid eligibility (including the facts about some popular myths and tips to make the process smoother) then take a moment to subscribe to my special series “The Road to Medicaid Eligibility” by filling out the form below.