Does the healthy spouse end up living in poverty because the other spouse needs to qualify for Medicaid by spending down all their assets? Can my mom keep 1/2 the assets? She only gets $650 a month social security and cannot live on that if their assets are spent.
So, a Miller Trust is also called a pooled income trust. You can Google it. I'm also told Gabriel Heiser's book is a useful tool.
And Hugemom, if you are over the income limit, you have a lawyer draw up a Miller Trust.
Your mom is the "community spouse" and is entitled to keep assets to keep her afloat. But it's a complicated process, not DIY. It is a legitimate "spend down" to pay legal fees.