The financial counselor called today. She said she has all of the forms to apply for Medicaid for my husband. Advice?

And I called an elder law attorney today. They are only doing telephone conference calls and the earliest she can talk to me is 12 days. They also asked me a bunch of questions that I don't know the answers to, as the hospital has not been forthcoming. Hopefully I will know more by the time the call comes. Fee is $300 an hour and more if I retain her.

The Medicaid worker called today. She told me don't apply yet. She said they will get him into a nursing home first, and then we will apply. But I'll probably have to pay the nursing home what I have in the bank first. Nobody has said anything about me keeping any assets or community spouse funds.

Here’s my suggestion..... ask the “financial counselor” what is the $ amount for your (that is you, the wife, the community spouse) again YOUR resource allowance to taken (or waived) from his income and get paid to you rather than paid by him to the facility as his required by Medicaid copay.

if the counselor cannot give you a pretty precise $ amount for your as a community spouse resource allowance; or seems clueless at to what a “resource allowance” is; or starts meandering into something else.... FULL STOP. You need to get with an elder law atty ASAP before you sign off on anything.

You as a CS do NOT have to yourself become impoverished.
Only hubs as the in the NH spouse applying to be eligible for LTC Medicaid needs to be impoverished.
Not you!
If you need some of his monthly income to live in the community, then you can file for or request a “resource allowance”. It’s called CSRA or MMNA (monthly maintenance needs assessment or allowance). Think of it as kinda like old school style alimony. And CSRA / MMNA is $ in addition to the $128k in the bank type of assets that most states allow as a separate asset for you to keep and set aside as the CS.

If nobody has mentioned a fixed $ amount that you as a CS can have as their own asset and be totally OK for his medicaid, again FULL STOP!

if they tell you that all his monthly income must be paid to them, that’s a steaming load. If you need some of his monthly income, like his SS$, cause you have a mortgage, car note, high drug bills, big utility costs, whatever and it’s his income that right now that allows you to live in your home.... well you have a right to request that his income goes to your first and foremost then what’s left goes as his required by Medicaid copay to the NH.

There was someone on this forum who’s mom got all the hubs SS $ except for $ 45.00. His copay to the NH was just $45. The mom had huge medications costs and super high utilities as well so her atty basically filed to show she was at need for big CSRA and she got it.

I don’t know what your age is but if you outlive hubs by several years you need all the $ you can for your own future. If it ends up meaning that NH only gets a pittance of his monthly income, it is what it is.

As BarbBrooklyn posted, you maybe want to speak with an elder law attorney who has experience with the Medicaid application. You need to be protected, and sometimes those attorneys have a free consultation but even if they don't it is a wise investment to protect yourself. The social worker can only fill out the app based on the information you've provided her but she is not an attorney and probably doesn't know all the fine details like an attorney would ask for. Medicaid has a "lookback" period that is different by state. My state is 5 years. This is another reason to consult an attorney.

Angie, you are the "Community Spouse". You need to ask the counselor how much YOU will be able to retain (Social security and pension, if any) and your own assets. Can you live on that amount of money?

Doing a Medicaid application when there is a community spouse involved is not a do it yourself project, as my friend Igloo here always says.

You need to protect YOUR ability to live and have adequate funds to pay your mortgage/re t, buy food and gas and have a life.