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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.
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.
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.
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
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.
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.
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.
By proceeding, I agree that I understand the following disclosures:
I. How We Work in Washington.
Based on your preferences, we provide you with information about one or more of our contracted senior living providers ("Participating Communities") and provide your Senior Living Care Information to Participating Communities. The Participating Communities may contact you directly regarding their services.
APFM does not endorse or recommend any provider. It is your sole responsibility to select the appropriate care for yourself or your loved one. We work with both you and the Participating Communities in your search. We do not permit our Advisors to have an ownership interest in Participating Communities.
II. How We Are Paid.
We do not charge you any fee – we are paid by the Participating Communities. Some Participating Communities pay us a percentage of the first month's standard rate for the rent and care services you select. We invoice these fees after the senior moves in.
III. When We Tour.
APFM tours certain Participating Communities in Washington (typically more in metropolitan areas than in rural areas.) During the 12 month period prior to December 31, 2017, we toured 86.2% of Participating Communities with capacity for 20 or more residents.
IV. No Obligation or Commitment.
You have no obligation to use or to continue to use our services. Because you pay no fee to us, you will never need to ask for a refund.
V. Complaints.
Please contact our Family Feedback Line at (866) 584-7340 or ConsumerFeedback@aplaceformom.com to report any complaint. Consumers have many avenues to address a dispute with any referral service company, including the right to file a complaint with the Attorney General's office at: Consumer Protection Division, 800 5th Avenue, Ste. 2000, Seattle, 98104 or 800-551-4636.
VI. No Waiver of Your Rights.
APFM does not (and may not) require or even ask consumers seeking senior housing or care services in Washington State to sign waivers of liability for losses of personal property or injury or to sign waivers of any rights established under law.
I agree that:
A.
I authorize A Place For Mom ("APFM") to collect certain personal and contact detail information, as well as relevant health care information about me or from me about the senior family member or relative I am assisting ("Senior Living Care Information").
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APFM may provide information to me electronically. My electronic signature on agreements and documents has the same effect as if I signed them in ink.
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APFM may send all communications to me electronically via e-mail or by access to an APFM web site.
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If I want a paper copy, I can print a copy of the Disclosures or download the Disclosures for my records.
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This E-Sign Acknowledgement and Authorization applies to these Disclosures and all future Disclosures related to APFM's services, unless I revoke my authorization. You may revoke this authorization in writing at any time (except where we have already disclosed information before receiving your revocation.) This authorization will expire after one year.
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You consent to APFM's reaching out to you using a phone system than can auto-dial numbers (we miss rotary phones, too!), but this consent is not required to use our service.
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/
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.
Many States had the CS max at $154K in the past so $159K makes sense due to inflation for 2025
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.
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.
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.