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Mom Can't Live on Medicaid's Spousal Allowance. What Can I Do?

  • October 8th, 2014
Q
My father is in a nursing home in Tennessee and was approved for Medicaid. My mother is in an assisted living facility. Their total income for a month is $4,909. From this income, $2,033 will go to my father's nursing facility and Medicaid will pay the balance.  Mom's spousal allotment will be $2,931. Her monthy rent at the assisted living facility is $2,800, which leaves $131 for all her other expenses. Her bills alone total $939 a month. I was given the impression that she would be taken care of. What can I do now for her? I cannot take care of her myself because I work a full-time job and am raising a granddaughter.  Are there other benefits I could get for her?  Or has Medicaid figured incorrectly? 
A

It sounds like Medicaid has figured the income allowance for your mother correctly and that she is getting the maximum allowed at this stage. However, your mother can appeal the income allowance and show that she needs more funds. Each state has different regulations for this, but you would probably need to show that she needs to be in assisted living for medical reasons. You will need to consult with a Tennessee elder law attorney to determine whether such an appeal would work for your mother and you will probably need to retain an attorney to represent her on the appeal.

For more on Medicaid's protections for the spouses of nursing home residents, click here and here.

Local Elder Law Attorneys in Ashburn, VA

William Fralin

The Estate Planning & Elder Law Firm PC
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Jeffrey Hammond

Hammond and Associates, LLC, Elder Law, Estate Planning, Wills, Trusts, Probate
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Last Modified: 10/08/2014

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