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Squatch33 Asked May 2018

When is the community assets split calculation done for Medicaid?

I understand the "what" of spousal impoverishment for Medicaid. Spouse can keep half of countable assets, up to about $124,000 in Nebraska. But WHEN is this calculated? Say Mom and Dad have $200,000 in countable assets when Dad enters assisted living. They can private pay for a while, but if he is there more than a couple years, they'll have nothing. I know, check with elder care attorney. Do you know how many of those there are in rural Nebraska? None.

BarbBrooklyn May 2018
It's amazing what Google comes up with while one is riding the NYC subways!

Squatch33 May 2018
Thank you for these resources! I will check into these. And that is a new site I had not seen before (surprisingly!)

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BarbBrooklyn May 2018
carenebraska.org/list18_nebraska_elder_law_attorneys_lawyers_medicaid_advice.htm

BarbBrooklyn May 2018
Okay, so the private pay for a year before Medicaid is pretty standard. For my mom, it was two years of private pay. I realize the question you asked was about assets and not income;I wanted you to have Mr. HEISER'S name. Google his website. I think buying his book would be an excellent investment if you can't find it in the library.

Squatch33 May 2018
Thanks for the replies. I'm not worried about income at this point, only countable assets such as bank accounts, investments, etc. So why is there a limit of $124,000 if you are supposed to drain that to wait to apply to Medicaid? I don't trust what the assisted living or nursing home has to say. They are there to make money. They don't make as much with a Medicaid resident. Again, this is small town stuff. There's no social worker, just the owner. They said private pay only for at least a year.

BarbBrooklyn May 2018
Quoted from a previous answer:

K. Gabriel Heiser 429 HELPFUL ANSWERS
Attorney, author, Medicaid asset protection planning
Following
4 years ago
No, the income of each spouse is separate and your income will not be attributed to your husband. Only his own, separate income is counted for purposes of his Medicaid eligibility. This is a FEDERAL law so it applies to all 50 states. I have a chapter in my book on how income is divided between husband and wife, and it is frequently possible for the at-home spouse to protect a portion of the nursing home spouse's income, if the at-home spouse's income is below a certain threshold.

BarbBrooklyn May 2018
I believe (but don't quote me on this) that the "snapshot" is of the day they apply.

Moving assets between spouses is legal, I believe.

There is a book by Gabriel Heiser, an expert on here, called something like Medicaid Secrets. Forgoet the exact title. Google his name and the book title will come up.

If there are no Eldercare attorneys is Nebraska, there MUST be other attorneys who handle Medicaid applications.  I would ask for a recommendation from the local Area Agency on Aging.  You can contact your state Bar Association, and I'd contact any law schools in your area.

Also, call the nursing home that you are interested in; talk to their social worker, who may know who has handled this sort of thing for any of their clients. 

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