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I will need to draw on this in order to maintain my level of living but hopefully assets grow.

Does anyone here Know of an Elder law attorney in West Palm Beach FL?
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Reply to Dea811945la
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GL2051: Retain an attorney.
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Reply to Llamalover47
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It depends on where the individual
lives. Varies by each USA state run. It’s best to contact a Medicaid expert or elder attorney in that region of residence.

https://www.medicaidplanningassistance.org/
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Reply to Patathome01
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GL, I’m guessing you are in a couples situation where 1 is “at need” for a NH and the other will remain in their home / apartment and continuing to be a Community Spouse? And the 159K is the max amount of exempt resources the CS can retain in your State??? If this is the case, doing LTC Medicaid planning for couples is pretty complicated. It is imho definitely elder law work. Personally I’d get a CELA level of attorney. Not a DIY.

There are bigger issues than fretting about being paid interest on the 159K; you are getting muddled in minutia. It’s easy to happen as you are overwhelmed and rightfully so. But is easy to make errors or misunderstand LtC regulations. It’s not a DIY when it’s couples. It’s savvy experience elder law attorney work.

For example, has everything had beneficiary changes done? Like if you got hit by a bus and died, is everything set to cleanly bypass NH spouse from getting a penny from anything that was yours? If you had $5,000 in a bank account and died. And it went to him, it makes him ineligible for LTC Medicaid. Who will be there to deal with this for him…. Your gone, so who??? It’s stuff like this that an attorney reviews with you and does whatever changes to ensure a smoother future for all. Oh on that 159K, don’t be surprised if the atty suggests it’s less that’s set aside so an increase in value is just not going to be an issue. There will be something to legitimately spend down on that benefits you (you as the CS) they can suggest for you to consider.

Remember only NH spouse has to be impoverished! The Community Spouse does not and should not ever themselves become impoverished. They should not do anything that would ever jeapordize their own financial future. It’s a totally different planning process than an individual LTC Medicaid filing would be about.

If this was about a POA doing the LTC application for a widowed parent and the parent has not gifted assets; and you as POA have been involved in their life and already a signature on banking stuff and they are not crazy, yeah that can totally be a DIY. But couple stuff - imho - really is attorney work.
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Here's some information from my state (Wisconsin) about the "spousal impoverishment" rules: https://www.dhs.wisconsin.gov/medicaid/spousal-impoverishment.htm
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Reply to Rosered6
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While this varies with the state, a "community" spouse (the one not requring long-term care) can keep about $132K in jointly-held assets in 2025 in my state (this increases a little bit every year to account for inflation). S/he can also convert assets in her/his name only to Medicaid-compliant annuities as long as this occurs before her/his spouse needs Medicaid to cover a portion of her/his long-term care expenses. You need to consult w/an elderlaw/estate planning attorney ASAP to see what the limits are in your state.
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JoAnn29 Jul 22, 2025
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My state is 2k.
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igloo572 Jul 22, 2025
That - 2K - for an individual LTC Medicaid application. Married couples that are 1 into a NH and the other remaining the Community Spouse is a whole other level of financial division / segregation of assets and income. It’s complicated.

Many States had the CS max at $154K in the past so $159K makes sense due to inflation for 2025
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What kind of assets are you talking about? The house you live in? Cars? Cash.

If you have $159,000 in cash assets you don't need Medicaid. spend that money on private LTC insurance that will pay for homecare or residential facility care.

Medicaid does not determine eligibility based maintaining a person's standard of living. That's not how it works.
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Reply to BurntCaregiver
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igloo572 Jul 22, 2025
That 159 the OP mentioned is most likely the max $ amt in assets the not going-into -NH spouse can retain for LTC Medicaid application/ eligibility. Abt 15 States have the Community Spouse nonexempt asset max at 159. Now OPs NH spouse is limited to 2K in nonexempt assets.

Each end up having their respective banks accounts so the $ stays segregated. Really couples and LTC Medicaid is experienced with Medicaid atty work. Just so so so many details when it’s a NH/Community spouses filings.

The standard of living does come into play in that if the couple has debts - like a mortgage, a car note - and the CS on their own cannot cover those debts, they can file for CSRA community spouse resource allowance. Kinda like old school alimony. It’s done via a waiver from the NH spouses income. Waiver $ goes to the CS and the NH gets whatever left minus the State set Person Needs Allowance.

The community spouse DOES NOT have to themselves become impoverished; only the NH spouse filing / on LTC Medicaid does.
Now just how to do this and do it correctly for LTC Medicaid is savvy atty work.
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You need to make an appt with Social Services and talk to a Medicaid caseworker. States differ in what your allowed to have in assets.

My State for a single person they can't have more than 2k in assets. The house they reside in and one car are exempt assets.

If married, you need to see an Elder lawyer. The assets will be split. His half going to his care in LTC. When almost gone, Medicaid needs to be applied for. Once he is on Medicaid, you become the Community spouse. You can continue to reside in the house, have one car and enough or all of your monthly income to live on.

I would make sure now how this is all going to work.
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AlvaDeer Jul 21, 2025
California allows us to keep a lot of assets, so I am assuming this couple is California Resident.
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