How to qualify for Medicaid without wiping out MY retirement savings? I was told my retirement accounts are considered for him to qualify.

All I have to say is you are not alone. I am in the same situation. The whole system is broken. Why should I be poor in my retirement years after a lifetime of saving. I will never marry again.

You should consult with a lawyer. How is it that YOUR 401k which is your retirement has to be spent down for your husband's care? Are you planning on putting him in a care facility? I don't think they would be taking your retirement to pay for his care.
Is he dependent on your income? I'm pretty sure what happens is when the supporting spouse (the one who's the main income support of the household) goes into LTC, the other spouse who was mostly dependent on their income, gets to keep enough to live on and the house is an exemption.
You're not the one who would be needing LTC, it would be your dependent.
The care facility would take his income and half of any maritial assets. Your retirement is not a joint maritial asset. That is not his income. That is your income.
Please talk to a few different lawyers because I think someone may have gave you some bad advice.

youngspouse: Here is an article posted by AgingCare - https://www.agingcare.com/articles/medicaid-spend-down-for-spouses-158628.htm

“ was told I had to spend down MY 401k for him to qualify since I am the community spouse.”

If someone other than an official within the Medicaid office in YOUR state told you this, you may have wrong information. Too many people miss out on resources by basing their choices and actions on what friends and family have said.

If a Medicaid official told you this, ask for a supervisor and/or consult with a local eldercare attorney. Any attorney can advise you, but if they don’t specialize in eldercare they may not be up on the latest law changes that apply.

If you don’t know who to call suggest calling your congress person office.Medicaid is federal. Start getting all your questions written down and then make an appointment.They might be able to answer most of them and probably would know a lawyer or paralegal who would be motivated to help you and maybe even a little more reasonable with the fee.

Please call an Elder Law Attorney and get the facts in your state. Get his issues settled and then get your end-of-life plans in order so that no one else has to go through this with you. A second estate planning attorney is of great benefit, too.

Just a thought, Medicaid is a Federal Program that is administered through the states..........perhaps there are some states more lenient with community property that can be protected for the spouse left behind.

He is the one to "qualify". Medi cade will allow him to transfer 90,000 in assets to you.

In NY, get an Elder Care attorney, one who is experienced with NY Elder Law, preferable a member of the ElderCounsel. If you are able to keep him at home with care HIS income will go toward his care. Look into "Pooled Income Trust." Good luck

In Colorado the max assists you can have is just over $2k and there is a 5 year look back period in case assets were 'hidden'. Your assets count here (like mine), was told to transfer my life savings into a irrevocable trust with a trusted beneficiary. (like my son)
Medicaid is run by the state here so consult someone where you are located.
When I did I was told- "see you can fund Medicaid from your retirement fund". Been here just trying to provide best a caregiving I can at home for my wife. It's tough to go through when the survivor seemingly doesn't have any interest in home rehab, your left with nothing but keep trying.
I feel where your coming from, h*** of a retirement.

Consult with an attorney who specializes in elder law. Connect with a local social worker if you are low income and would like a pro bono attorney. They may be able to help.

In NJ medicaid is based on income not assets. You can be have a trillion dollars in assets even and qualify for medicaid if you have little to no income. Did you say what State you are in? I think it might all be connected to the affordable care act too. That is Federal then too. They can only take your assets if you go into a permanent nursing facility to life for the rest of your life. If you are just living at home, and getting along, assets are not considered on a medicaid application in NJ.

These are all good answers I am in the same situation I live in Oregon. I have been told even if we divorce and split assets the state can still come after my assets for up to 5 years after the divorce. Still trying to come up with a plan

We just did this for my mom. My parents had a small savings from the sale of their house but certainly not enough for assisted living. My mom was able to keep most of her SS and the savings was transferred to just his name. They needed entirely different bank accounts. Now most of her SS is transferred to his account and he is able to spend down the savings to self-pay for his assisted living few. They are living a pretty nice assisted living and my sister and I can actual have a life again and without all of the stress and worry about the, constantly. I did speak with an elder care attorney in trying to sort all of this out, but before that I read this bookHOW TO CARE FOR AGING PARENTS, by Virginia Morris. I learned a ton from this book.
good luck.

This was my "problem"
I was told that "irrevocable trust" would be a solution but I did not have anyone that I could trust to control my life savings.
I also thought about divorce. My Husband had no assets of his own either. (other than a house that he had inherited from his parents)
See an Elder Care Attorney for advice.
I was lucky in that my Husband was compliant and I was able to keep him at home.
I did use resources from the VA as well as taking advantage of Hospice. All the equipment and supplies I did need were provided.
If your husband is a Veteran check with your local Veterans Assistance Commission and see what he may qualify for. With recent changes you could get paid for caring for your spouse and there are other programs that are available from providing home renovations to providing a substantial budget that will help pay for care.
Hospice will also be of great help. My Husband was on Hospice for almost 3 years so do not worry about "6 months" as long as there is a documented decline a person can remain on Hospice
Leave no stone unturned in looking for resources that will help

I agree with the above about consulting an attorney or sometimes your local Area Agency on Aging can provide information on Spousal Impoverishment. Each state may vary a little. Sometimes families pursue the spousal option, and sometimes they consider a divorce. An attorney can provide you the best options.

See an elder attorney as soon as possible. Your 401k is what you earned for yourself and not fair to suffer penalty!

dear young spouse,
same boat and no paddle. an elder attorney is your answer for quick results . It’s a lot less than spending down all of your assets unless they are joint . Spousal refusal has to be signed and your individual assets has to be less than , I believe $125,000 . Spend down his assets .
joint is a big problem, a few things have to be done before applying or you most probably will get denied .. To help .. a irrevocable funeral has to be planned and paid … unfortunately, don’t take it to heart .. it’s not easy to do .
read up on spousal refusal…. That is the key … but paperwork and joint accounts from 5 years ago has to be presented to help. Download your yearly statements to separate files to send to the lawyer .. it’s easier. Your W-2 is also needed … 3 months of your pay. Have him make out a will and health proxy and become his POA…you will need it everywhere … banks .. health .. life insurance… all hell is going to break loose.. but my dear don’t panic … calm yourself and drive with loud music .. stay on top of it and work fast

If you are in NY get an elder law attorney to help you with spousal refusal paperwork. It helped my mom qualify for Medicaid while protecting my dads assets.

wow that's a stressful situation, maybe use the 401 k money to care for him then apply for medicaid

In SC I believe the assets are considered separate for LTC. As everyone has said see and Elder Law Attorney... look for one who is also an Associate Professor at a local university because they should definitely be up on the latest elder laws for your state. You may not have time for your husband, but a trust may protect your assets for you down the road. Also, check into Aid and Attendance if he is a veteran.

IMO her 401k should not be cashed in for him and visa versa. I agree, see an elder lawyer well versed in Medicaid. He can tell you how it works. I don't think u received the correct info.

Wow, polarbear, that chart is very informative. Thanks for posting!

The differences between states doesn't seem right. And then why should there be only a 2.5 year lookback in CA, while it's 5 years for everywhere else? I know, I know....that is the way Medicaid is set up. States get to decide.

I'm not happy with the way my state does things. I am going to push H for us to see a retirement planner.

It really depends on what state you are in. I recall one poster who lived in Minnesota when the law was such that she had to cash out and spend down HER retirement assets to qualify her husband for Medicaid.

A qualified eldercare attorney in YOUR state can advise you on the best course of action.

Also, consider that there might be different rules for Community Medicaid (help at home) and LTC/NH Medicaid.

Please find a certified elder care attorney well versed in Medicaid for your state ASAP to protect yourself.

youngspouse - here's a link to more info on your question. Scroll down and you will see a list of 50 states and their exemption/non exemption requirement on spouse's 401K.

https://www.medicaidplanningassistance.org/medicaid-eligibility-401k-ira/

I hope you will get to keep your 401K. Good luck to you.

Rules vary from state to state. You need to see an elder law attorney to help you with planning for medicaid.