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Medicaid Spousal Impoverishment Rules

  • Broadcast in Legal
Texas Senior Talk

Texas Senior Talk


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Your Host: Cheryl Culbertson, Owner/Founder - Elder Options of Texas

In 1988, Congress enacted provisions to prevent what has come to be called "spousal impoverishment," leaving the spouse who is still living at home in the community with little or no income or resources. In addition, when one spouse applies for or receives Medicaid coverage of nursing home care while the other spouse remains in the community, the so-called “spousal impoverishment” rules disregard a certain amount of income for the financial support of the at-home spouse. Texas Elder Law Attorney Clyde Farrell of Farrell & Pak PLLC, explains the "Spousal Impoverishment" and how to protect your spouse should you have to go to a nursing home, how to spend-down quickly, and how much 'countable income" the community spouse is allowed to keep. Clyde Farrell represented the state of Texas as an Assistant Attorney General for ten years to enforce the laws requiring nursing homes to take good care of people. Since then, for the last 24 years, he has been helping people plan to get the best care they can in nursing homes, assisted living facilities or at home. Sometimes that involves protecting assets while qualifying for Medicaid, and sometimes it involves avoiding Medicaid. Mr. Farrell is a Certified Elder Law Attorney and a Certified Financial Planner practitioner.