Medicaid Asset Rules 

In order to be eligible for Medicaid benefits a nursing home resident may have no more than $2,000 in "countable" assets.
*The figure may be higher in some states. Note that Medicaid is a state-run program, so the rules are can vary in each state, although there are federal guidelines.
Medicaid Eligibility

In order to be eligible for Medicaid benefits a nursing home resident may have no more than $2,000 in “countable” assets (in most states) . The spouse of the nursing home resident – called the “community spouse” – is limited to one half of the couple’s joint assets up to $120,900 (in 2017) in countable assets. (In some states the community spouse may keep all of the couple’s assets up to $120,900, not just half up to that amount.) This figure, called the community spouse resource allowance (CSRA), changes each year to reflect inflation. In addition, the community spouse may keep the first $24,180 (in 2017), even if that is more than half of the couple’s assets. This figure is higher in some states, up to the full $120,900 as mentioned above.

Without proper Medicaid Planning you can pay over $10,000 a month to a nursing home vs. saving your hard-earned money for family.
 
We've helped elders and families save millions of dollars of their hard-earned money by protecting their assets. With our vast experience and the expertise at our firm you should be able to save and protect a considerable amount of your money for reasonable costs.
To see if planning is right for you, or if you have any general questions about legally protecting your assets we'll be glad to answer them with a simple no fee phone call.
Call us anytime at 212-268-8200.

Innocent gifts to grandchildren could result in extended periods without Medicaid long-term care coverage.

Medicaid Planning
What assets are counted?

All assets are counted against these limits unless the assets fall within the short list of "noncountable" assets. These include the following:

  • Personal possessions, such as clothing, furniture, and jewelry

  • One motor vehicle, regardless of value, as long as it is used for transportation of the applicant or a household member. The value of an additional automobile may be excluded if needed for health or self-support reasons (check your state's rules).

  • The applicant's principal residence, provided it is in the same state in which the individual is applying for coverage. In some states, the home will not be considered a countable asset for Medicaid eligibility purposes as long as the nursing home resident intends to return home; in other states, the nursing home resident must prove a likelihood of returning home. Under the Deficit Reduction Act of 2005 (DRA), principal residences may be deemed noncountable only to the extent their equity is less than $552,000, with the states having the option of raising this limit to $828,000 (in 2015). In all states and under the DRA, the house may be kept with no equity limit if the Medicaid applicant's spouse or another dependent relative lives there

  • Prepaid funeral plans and a small amount of life insurance

  • Assets that are considered "inaccessible" for one reason or another

 

Click to read why using an experienced Medicaid Planning Attorney is in your best interests.

 

Screen Shot 2018-08-07 at 5.06.26 PM.png
Download a FREE GUIDE to Medicaid's Assets Transfer Rules, click here.
 
Call us today to see if Medicaid Planning is right for you at
212-268-8200.
"SERVING SENIOR
NEW YORKERS FOR
OVER 25 YEARS"
 

Have a question?

email

MedicaidPlanning@RaphanLaw.com

or call 212-268-8200 and we'll be

glad to help.

 

brian raphan reviews
"A big thanks to you and Michelle for all your hard work and dedication to this matter.

As always, it has been a pleasure working with your office…” 

                                                  -Stuart S., New York

 

MEMBER:

•National Academy of Elder Law Attorneys

•American Bar Association

•New York State Bar Association

•United States District Court New York Southern District • USDC NY Eastern District

•State of New York Unified Court System

•National Alliance of Trust & Estate Professionals

•Temple University • Cardozo Law School NY

•AARP Listed Attorney

BRIAN A. RAPHAN, ESQ.

BRIAN A RAPHAN, P.C.
7 Penn Plaza

(370 7th Avenue)

8th Floor

(7th Ave/31st St.)

New York, NY 10001

 

Tel: 212-268-8200

Fax: 212-244-3075
info@RaphanLaw.com

bedsores@RaphanLaw.com

 

Twitter.com/NYCelderlawfirm

 

Elder Law News Blog

 

 

The information on this site is not, nor is it intended to be legal advice and does not automatically create an attorney/client relationship.  On negligence and medical malpractice cases we may participate or partner with other counsel with disclosure to potential client before we or such partnering counsel accept the case.                  © 2019 Brian A. Raphan, P.C.