A question we hear, quite often, from many who are traveling the roads of aging and disability is, “My spouse needs nursing home care. Will I need to sell my house to pay for his care?”
The answer is, generally, no, but it depends.
You generally do not need to sell your house if your spouse needs nursing home care and is applying for Medicaid. In fact, Medicaid rules protect the home for the spouse who remains living in it, known as the “community spouse.”
Here’s a brief overview of how it works:
Primary Residence Protections
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As the community spouse, you are allowed to remain in your home.
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The home is not counted as an asset for Medicaid eligibility purposes if:
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It is your primary residence, and
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You (the spouse not needing care) are living in it.
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Medicaid Estate Recovery
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After both spouses have passed away, Medicaid may try to recover costs from the estate but not while you are living in the home.
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There are ways to plan ahead and protect the home from estate recovery. For proper planning tips, it is wise to contact an elder law attorney who has extensive experience with Medicaid in your state.
What You Should Do Now:
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Speak with an elder law attorney in your state. Medicaid rules vary by state and can be complex.
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They can help you protect other assets as well and guide you through the Medicaid “spousal impoverishment” protections that allow the community spouse to keep a portion of assets and income.
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