Medicaid Law - Boston Attorney Protecting your spouse and Assets

Protecting Your Spouse/Assets

Medicaid law provides for special protections for the spouse of a nursing home resident, known in the law as the "community" spouse. The spouse of a Medicaid applicant is entitled to keep a portion of the couple’s assets. The community spouse is entitled to keep a maximum of $109,560 (2009 figures). This assessment is not affected whether the assets are jointly held by the couple or they are all in the name of the nursing home spouse. For example, if a couple owns $75,000 in countable assets on the date the applicant enters a hospital, the community spouse will be entitled to a resource allowance of $75,000. If they have $250,000, the community spouse can keep the maximum of $109,560.

As always, if you are in our area, engaging Boston attorney specializing in Medicaid Law and Elder Law is always in your best interests a you plan for your future reliance on Medicaid, and work to protect your assets from a Medicaid Lien.