How to qualify for Medicaid without wiping out MY retirement savings? I was told my retirement accounts are considered for him to qualify.

youngspouse - here's a link to more info on your question. Scroll down and you will see a list of 50 states and their exemption/non exemption requirement on spouse's 401K.

https://www.medicaidplanningassistance.org/medicaid-eligibility-401k-ira/

I hope you will get to keep your 401K. Good luck to you.

It really depends on what state you are in. I recall one poster who lived in Minnesota when the law was such that she had to cash out and spend down HER retirement assets to qualify her husband for Medicaid.

A qualified eldercare attorney in YOUR state can advise you on the best course of action.

Also, consider that there might be different rules for Community Medicaid (help at home) and LTC/NH Medicaid.

Please find a certified elder care attorney well versed in Medicaid for your state ASAP to protect yourself.

Wow, polarbear, that chart is very informative. Thanks for posting!

The differences between states doesn't seem right. And then why should there be only a 2.5 year lookback in CA, while it's 5 years for everywhere else? I know, I know....that is the way Medicaid is set up. States get to decide.

I'm not happy with the way my state does things. I am going to push H for us to see a retirement planner.

dear young spouse,
same boat and no paddle. an elder attorney is your answer for quick results . It’s a lot less than spending down all of your assets unless they are joint . Spousal refusal has to be signed and your individual assets has to be less than , I believe $125,000 . Spend down his assets .
joint is a big problem, a few things have to be done before applying or you most probably will get denied .. To help .. a irrevocable funeral has to be planned and paid … unfortunately, don’t take it to heart .. it’s not easy to do .
read up on spousal refusal…. That is the key … but paperwork and joint accounts from 5 years ago has to be presented to help. Download your yearly statements to separate files to send to the lawyer .. it’s easier. Your W-2 is also needed … 3 months of your pay. Have him make out a will and health proxy and become his POA…you will need it everywhere … banks .. health .. life insurance… all hell is going to break loose.. but my dear don’t panic … calm yourself and drive with loud music .. stay on top of it and work fast

I agree with the above about consulting an attorney or sometimes your local Area Agency on Aging can provide information on Spousal Impoverishment. Each state may vary a little. Sometimes families pursue the spousal option, and sometimes they consider a divorce. An attorney can provide you the best options.

“ was told I had to spend down MY 401k for him to qualify since I am the community spouse.”

If someone other than an official within the Medicaid office in YOUR state told you this, you may have wrong information. Too many people miss out on resources by basing their choices and actions on what friends and family have said.

If a Medicaid official told you this, ask for a supervisor and/or consult with a local eldercare attorney. Any attorney can advise you, but if they don’t specialize in eldercare they may not be up on the latest law changes that apply.

Rules vary from state to state. You need to see an elder law attorney to help you with planning for medicaid.

IMO her 401k should not be cashed in for him and visa versa. I agree, see an elder lawyer well versed in Medicaid. He can tell you how it works. I don't think u received the correct info.

See an elder attorney as soon as possible. Your 401k is what you earned for yourself and not fair to suffer penalty!