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kcdolphinlady Asked December 2022

Is my 401K and IRA safe if my spouse needs a nursing home and will be on Medicaid in a few years?

I am 14 years younger than my husband and I am still working for at least 10 more years. Are my retirement accounts (funded directly from my pay check) safe or will they be counted in the Medicaid spend down? I know Medicaid can vary from state to state - we live in Kansas.

JoAnn29 Dec 2022
There was a thread where there is something called "spouses refusal" which you fill out a form saying you will not be responsible for spouses care.

When you feel its time for Medicaid or even private paying a facility, you need to see an Elder lawyer well versed in Medicaid. He/she will tell you how to split your assets. DH half going towards his care and when the money runs out, Medicaid is applied for. You remain in the home, have a car and some or all of ur monthly income to live on.

gladimhere Dec 2022
Path to Kansas Medicaid site. See if you can find your answer here.
https://www.benefits.gov/benefit/1629

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lealonnie1 Dec 2022
Medicaid programs, for the most part, count all assets held by either partner of a married couple as jointly held assets. There are, however, exceptions and nuances. While some states count a non-applicant spouse's IRA or 401(k) against the asset limit, approximately half of the states do not.

Here is a good article on the subject;

https://www.cutner.com/resources/tips/11-evaluate-your-401k/

Speak with a Certified Elder Care Attorney in your state to be sure about all of this.

BarbBrooklyn Dec 2022
Here is your answer:

https://kcelderlaw.com/Elder-Law-Information/can-the-retirement-plan-s-for-a-married-couple-be-protected-if-one-spouse-needs-nursing-care#:~:text=In%20Kansas%2C%20the%20retirement%20plan,They%20are%20protected.

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