We have been married for 60 years, he is 93 and I'm 77 and his caregiver.
We established a trust in my name only back in 2012 when he was diagnosed with dementia. My question is when applying for Medicaid, do they consider my income or is it protected by the trust? All of our assets, house, car, etc. go into the trust. So, although his pension and SS go into the trust, does the state consider my assets also. We live in California, a community property state.
CA has a completely different perspective on this program than any other State. And the laws got restructured for new limits once again just in January. It’s imho CELA level of attorney work. And it would be this even if there wasn’t an existing Trust. The Trust makes it even more complicated.
Again find someone CELA, not a DIY.
We aren't attorneys and we don't have enough information from you.
Trust vary enormously. There are revocable trusts and irrevocable trusts and Miller Trusts and all of them would vary in terms of your question.
When you need expert legal advice it just isn't DIY and it isn't the opinions of everyone out there on a Forum. The wrong information can hurt you. Same when you need opinion of MD regarding medical or a CPA regarding taxes and etc.
See an elder law attorney and take your trust documents with you. He or she can explain it all for you.
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