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You should be applying as a Community Spouse. Then you will receive some of his SS. His car is an exempt asset. If you sell it, it will become part of his spend down. You need to consult with an Elder Lawyer to have your assets split. His paying for his care and when almost gone, then Medicaid is applied for.

If you live in an AL, there must be assets unless you have a Medicaid voucher. Couples really need to get an Elder Lawyer involved.
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Reply to JoAnn29
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He is getting a Medicaid bed in NH. I have driven the car for the past two years but it's in his name and we still owe it. A new law of 7/2024 states I have to have the minimum legal amount that would include part of his SS and mine. I can't afford an elder Atty. I really wanted him to go into sub rehab as he is in acute rehab but has not made enough progress. Don't know why ow how to fight this so Monday he is going into NH???
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Reply to Shirleyjcecil
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Are you applying for Medicaid for your husband? They are not interested in his 1 car. They aren't interested in owning your physical property. Medicaid recovery programs will put a lien on homes so that they can be repaid when the home changes ownership after the applicant has passed away. His car can be sold if he no longer drives.

When you say you want "part of his s.s...." if he's on Medicaid, his SS goes towards paying his facility, so I don't think getting any of it is possible.

If you are worried about being able to afford your AL, please talk to a financial advisor or elder law / estate planning attorney, or contact your local Area Agency on Aging for resources.
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Reply to Geaton777
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Hi, there. It's best to check with an elder law attorney, especially if Medicaid is involved. You may get some answers here on the forum, but the information is likely to be from someone's personal experience, and everyone's situation is different. There should be a social worker at the nursing home you can talk to also. Either way, it's best to get professional guidance because there are so many details involved. All the best to you.
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Reply to svking
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