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What If My Father Is Only a Few Dollars Over Medicaid's Income Limit?

  • November 3rd, 2017
My father is currently in a nursing home for rehabilitation after a surgery. We are investigating Medicaid eligibility. He makes approximately $8 more a month than the allowed income. He has no other assets. An "asset protection" firm is telling my sister that the only way to make him eligible for Medicaid is to set up a trust, which will cost $1,600. Since his income exceeds the eligibility requirement by so little, is there not some other way to achieve eligibility?

Unfortunately, your father appears to live in an “Income Cap” state that has strict income limits on eligibility for Medicaid. The excess income, just $8 a month in your father’s case, can be sheltered in a so-called “Miller” trust. This appears to be what the law firm is recommending and it is the usual way to deal with excess income. We don’t know of any way around this, but some states may have different laws. You can check with another law firm for a second opinion or with a local senior legal services agency.

Local Elder Law Attorneys in Ashburn, VA

Margaret O'Reilly

Margaret A. O'Reilly, PC
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Ron Landsman

Ron M. Landsman, P.A.
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Last Modified: 11/03/2017

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