Both incomes part of medicaid eligibility. Why pooled trust only benefits one?

You must see an attorney.
And perhaps a CPA who is also an attorney.

This is very complicated and individualized (or so I believe).
In any event, you need professional, legal advise.

Gena / Touch Matters

lisarachel: Pose your questions to an elder law attorney.

Borrowing my answer from the internet:
" "For the Sole Benefit of the Individual" Defined
All of the assets contributed by the individual and held in the sub-account must be used only for the benefit of the disabled individual. If the trust allows for any benefit to any other person or entity during the individual's lifetime, the trust will no longer qualify as a special purpose trust."

You say only your Dad has income over the limit to apply for Medicaid.



The attorney helping with the trust should be able to answer all your questions.
If not, that could be a red flag.

Thank you for your reply! Both parents are at home 85 and 86 years old. Applying for Medicaid for both. Pooled trust created to meet spend down in only one parents name but spend down takes into consideration both parents income, and then turns around and only allows pooled trust withdrawals to benefit one parent even though amount of spend down is based on both parents income. Wondering if we were only supposed to use one parents income for pooled trust since other parents income is within medicaid eligibility levels

I think not many of us would have any idea.
If this is a concern/question for your Nursing Home, do as them. But basically when there are two spouse, one in care and the other not, or even BOTH in care, it is time to see an Attorney, elder law
specialist or Trust and Estate. Take any documents with you.

Medicare and Medicaid will have some advice as well if you ask for a consultant. If you call the federal then it is 1800Medicare for the number; if state, then they may be able to guide you to Medicaid specialist to speak with you. But best thing is always to check on this with attorney. It really isn't DIY, this stuff. If Igloo is around she may be able to give you some pointers, but as much as she knows about this stuff, she often still recommends you see an attorney.

Are you POA?
As to this pooled trust, there again you need an attorney. The language in these documents need interpretation.

Wishing you good luck