“Many families are facing the need for nursing or in-home care. As the costs of long-term care rise, the financial hardship of long-term care is a very real concern. At the Koler Law Office, we walk you through the maze of Medicaid eligibility, the look-back period and tax implications. We are here to help you navigate through this complex area.”
QUESTION: Do I have to 'spend down' all my assets to be eligible for Medicaid?
No. A person is permitted to own certain types and amounts of property and still qualify for Medicaid. The key is understanding which assets are considered “countable” and which are “non-countable” under Medicaid rules. These rules can vary depending on whether you are single or married, and planning opportunities may be available to help preserve assets for a spouse or family. Our office helps clients navigate these complex rules and develop strategies to protect as much as possible while maintaining eligibility.
QUESTION: I gave away assets, now do I have to wait 5 years to qualify for Medicaid?
The period of ineligibility for Medicaid can vary depending on what assets were transferred, to whom, and when. In some cases, the penalty period may be shorter than expected—or may not apply at all. While Medicaid does impose a five-year “lookback” period for most asset transfers, this simply means the agency reviews transfers made during that time, including those for less than fair market value. It does not mean you are automatically disqualified from benefits for the full five years. Because these rules are complex and highly fact-specific, it is important to seek guidance. The Koler Law Office has extensive experience in Medicaid planning and can help you understand your options and protect your eligibility.
QUESTION: Can I keep all the property in my name, if my spouse needs Medicaid?
For Medicaid purposes, the assets of both spouses are considered. However, not all assets are “countable,” and the law allows the spouse remaining at home to retain certain assets as part of a protected allowance if the other spouse enters a nursing home. The Koler Law Office can help you understand these rules and develop planning strategies designed to protect the healthy spouse’s assets while helping the other spouse qualify for Medicaid benefits.