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caringlove123 Asked January 2016

Medicaid eligibility in NY; spouse with his own assets. Any advice?

My 81 year old mother is in skilled nursing home in NY and her spouse is still in Florida, in a home owned jointly. In the event that she spends down all her own assets in NY facility, is she eligible for Medicaid even though her husband, my step father, has his own assets?

jeannegibbs Jan 2016
I would think where the applicant lives, NY. But ask when you are making an appointment.

caringlove123 Jan 2016
Thank you jeanngibbs. Would that be an elder law attorney in NY or FL?

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jeannegibbs Jan 2016
I think you would be best advised to consult an elder law attorney regarding how to best handle this to both of their advantage.

As far as I know, his assets are her assets in Medicaid's eyes. Applying for Medicaid can be very straight-forward for a single person with low income and minimal assets. It gets more complicated very quickly when there is a spouse, and I imagine a spouse in a different state sets a new level of complexity. Don't try to go this yourself. See an Elder Law attorney.

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