Elder Law Answers
Will an Increase in Income Make a Nursing Home Resident Ineligible for Medicaid?
If a married couple is on Medicaid and one passes away, causing the survivor's assets to exceed the $2,000 limit (because...
Read moreWho Pays the Nursing Home While Waiting for Medicaid Approval?
- April 14th, 2015
Q
Can a person apply for Medicaid before assets are spent down to below $2,000? Once assets are down to $2,000, who is responsible for paying the nursing home costs while waiting for Medicaid approval -- the wife, the children?
A
Yes, people can apply for benefits before they are eligible, with the approval taking effect on the date of eligibility. While the nursing home resident’s application is pending, generally he will simply pay his income to the facility. However, you mention a wife. In some cases, the healthy spouse is entitled to a share of the nursing home resident’s income. In others, she is entitled to a share of his assets, so he can transfer his savings to her rather than spending down to $2,000. A local elder law attorney can advise you on how this would work in your situation.
For more on Medicaid's protections for the healthy spouse, click here.
Local Elder Law Attorneys in Ashburn, VA
Meet Mindy Felinton
(301) *** ****
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Mindy Felinton
Felinton Elder Law & Estate Planning Centers
Mindy Felinton concentrates in the areas of Medicaid planning, Veterans' Benefits, asset protection, nursing home planning, elder law, wills, estate planning, trusts, living wills, powers of attorney, probate administration and trust administration and began her legal career 30 years ago as an Assistant State Attorney...
(301) *** ****
Tell us about your legal issue and we will put you in touch with Mindy Felinton.
Meet Evan Farr
(703) *** ****
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Evan Farr
Farr Law Firm
In practice since 1987, Fairfax Attorney Evan Farr is widely recognized as one of the leading Elder Law, Estate Planning, and Specials Needs attorneys in Virginia and one of foremost experts in the Country in the field of Medicaid Asset Protection and related Trusts. Evan Farr has been quoted or cited as an expert by n...
(703) *** ****
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Meet Margaret O'Reilly
(703) *** ****
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Margaret O'Reilly
Margaret A. O'Reilly, PC
Margaret A. O’Reilly is an estate planning and elder law attorney with over thirty-five years of legal experience. Attorney O’Reilly graduated from Duke University with a degree in psychology, and received her law degree from Northeastern University School of Law in Boston, Massachusetts. For over 15 y...
(703) *** ****
Tell us about your legal issue and we will put you in touch with Margaret O'Reilly.
For more on shifting income to the healthy spouse, click here.
For more on transferring assets to the healthy spouse, click here.
Last Modified: 04/14/2015
