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Moon561 Asked August 2021

At what point do you split assets when one spouse qualifies for Medicaid and the other is not applying? Both under asset & income limits.

In FL I've read the applicant can't have more than $2,000 in assets but the community spouse is allowed up to $130K+. My parents have joint bank accounts and we're applying my mother for nursing home care. At some point she needs a separate bank account with less than $2K but when should this happen?

gladimhere Aug 2021
Get the advice of an elder law attorney. This is not the time to guess as this will have long term impact on eligibility for mom and dad.

OldArkie Aug 2021
Arkansas is a community property state. Unless you divorce, I don't see how you can split assets. There are several parameters for qualifying but when all is said and done, it is at the discretion of the DHS.
JoAnn29 Aug 2021
In this instance its a spouse going into LTC and the Community Spouse needs protection from becoming impoverished by Medicaid.

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JoAnn29 Aug 2021
You need to split assets before you apply. You need to know how much the recipient has. Her split will probably put in an acct of her own at that time. In my state you should not apply until 90days before the recipients money runs out. You have 90days to spend down to the 2k allowed. Get Medicaid all the info needed and place the person.

My Mom was a widow when she went to the NH. In April, I started the application. I placed her in a NH on May 1st. She had 20k left. That paid for May and June. June I confirmed with the caseworker that she was spent down and all info was received. Julyv1st Medicaid started.

You need a lawyer well versed in Medicaid to help you to split assets. Dad will be the Community spouse being able to remain in the home and have a car. He will be given enough of their monthly income of SS and any pensions to live on. He will not be impoverished.

OldArkie Aug 2021
Sooner the better. Arkansas has a 5 year look back rule that includes any property or cash you disposed of in past 5 years that could be construed as avoiding Medicaid claiming it, will be added to the length of time before medicaid starts paying nursing home! Another thing I learned about Arkansas is that they leave the decisions on who is qualified and what assets they can keep, up to the local DHS officials, so if they want to be generous/compassionate, they can leave you everything and let the spouse or child claim it!
JoAnn29 Aug 2021
Don't think the 5 year look back has anything to do with splitting assets of a married couple so one can eventually apply for Medicaid. This is protecting the Community Spouse so she has money to live on. Its not considered hiding money.

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