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tired15 Asked July 2017

My health has declined and I'm struggling to take care of my wife. How do I get Medicaid?

The only asset is 1 acre lot with no utilities & no house. Was trying to sell lot back to my daughter since I didn't have money to put house on it. Do not want to lose lot if possible. Right now I'm afraid for them to put anymore money towards land. Also I don't want them to lose money already put towards land. Need to get Medicaid for assistance.

igloo572 Aug 2017
Couples medicaid is very very different & really needs an atty who understands the differences. I'd suggest you lookof or a NAELA level of elder law atty.

The land, ah well I totally understand the intangible draw that land can do. I agree with JoAnne as to NOT selling it right now. To me, it can be sold to your daughter & without Medicaid problems IF you do a bit of planning. Medicaid for couples does NOT require you to become impoverished; it's your wife who needs to do this to qualify for Medicaid. I'd imagine that the level of care she needs is or is quickly approaching needing the type of care provided in a facility (aka a NH.). I think that in order to plan optimally for Medicaid, then you need to determine what the plan is. So if it's her going into a NH, & onto medicaid to pay, then that's the goal.

For most states, the community spouse (that's you as you will be staying & living in the community) is allowed to have about 119k in liquid assets (like savings, cash on hand) and then a car & a home as exempt assets. Plus some other things.  Now if you don't have much savings & that land is sold for a somewhat modest amount then added together your under under 119k then your all ok for medicaid. It's items like this that the atty can help you with & provide you with options

Now land will need to be sold at FMV - fair market value. Lots of times folks just use the tax assessor value. It's there on the tax bill. Plus you don't have to pay for it. But if assessor value is whack, you might want to have it appraised. Appraiser needs to be registered & licensed by the state or however it's done in your area. Appraiser will look very carefully at the land & comps. Value could come in way way less. Then your .daughter buys it at the lower value. Appraisers document is legal & valid IF Meducaid has issues with the sale. If there's changes to be done & you need to do, shift, sell,whatever BEFORE your wife applies for medicaid. Medicaid for couples does a snapshot day (usually date of application) by which your finances are fixed. So things like the land sale, or mortgage payoff, big repairs to house, selling 2 cars & buying 1 newer & more depedable car, etc. will all need to be done BEFORE application. Plus if your like most couples, you have each other as the beneficiary of your life insurance policies. A bad,bad idea if she's on medicaid & you get hit by a bus and predecease her. Why? Cause that $ from the policy will take her over medicaid limits & who will deal with this for her? Really the atty will have all sorts of options for you to mull over.

Gladimhere is spot on in that it's good that you recognize things need to happen. You know over & over on this site, folks - especially husbands - wear themselves out caregiving for their wife/elder & often to the detriment of thier own health & finances. Please find a NAELA atty to help you with this. Good luck & try not to get too to overwhelmed.

JoAnn29 Aug 2017
First, don't turn that property over. Medicaid has a five year look back and that is an asset. I agree, a lawyer that is familiar with Medicaid may be a good thing. When Medicaid is involved where one spouse stays in the home and the other is in a nursing facility, money is split in a way that the spouse at home is not left destitute. Maybe a meeting with Medicaid would be a good idea before you make the lawyer decision. Make sure you have all your financial records with you.

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gladimhere Aug 2017
Tired you need to consult with an elder law attorney to assist with Medicaid application. Yes, you need help caring for your wife and I am sorry it has become so difficult. But, good for you to realize that, some would remain in denial thinking they can continue he with strain on their own health.

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