What if a married person needs long term care but their spouse does not?  What if they own their own home and they have retirement accounts and money in the bank?  Do they have to spend everything down before Medicaid will be available for the spouse needing long term care?

The Florida Medicaid rules are in line with the Federal law that prohibits the impoverishment of a community spouse.  In other words, the cost of long-term care for one spouse is not going to make the other spouse destitute.  There are multiple asset and income rules that provide for the community spouse.  An example of one of the income rules is the Minimum Monthly Maintenance Needs Allowance (MMMNA).  The spouse needing long term care may be the same spouse whose income the couple has relied on to sustain themselves.  The MMMNA prevents that income from going to the nursing home and ensures that it goes to the spouse who will remain residing in the community.  An example of one of the community spouse asset rules is the Community Spouse Resource Allowance (CSRA).  Under the 2019 CSRA, the spouse who will remain in the community keeps liquid assets of $126,420 that are exempt for eligibility purposes.  The process of getting Medicaid can be very complex.  It is best to consult with an attorney who practices in Medicaid Law.

Diana Mangsen focuses her practice as an elder law attorney in Clearwater, Largo, St. Petersburg, Dunedin, Palm Harbor and the Tampa Bay area.

For more information, visit our website at
https://www.mangsenlaw.com/
or call (727) 888-6282.