Charlie Robinson Florida Elder Law Attorney




410 South Lincoln Avenue
Clearwater, Florida 33756-5826
Phone: 727.441.4516 Fax: 727.447.7578
E-mail:
elderlaw@charlie-robinson.com
 
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Requirements for a married person to qualify for Medicaid under the Institutional Care (Nursing Home) Program are as follows:

  • At least 65 years of age or disabled.

  • Citizen of United States or alien who has been admitted as permanent resident.

  • Resident of Florida. Anyone residing in a nursing home certified for Medicaid is considered a resident of Florida.

  • Medical need for nursing home care as established by the CARES team of the Department of Children & Families (DCF).

  • Assets for the applicant of less than $2,000  at least one day of each month of Medicaid eligibility. If the applicant's gross income is less than $743 per month, the applicant is allowed to have up to $5,000 in assets.

  • Assets of the applicant's spouse of $104,400 at time of Medicaid application.

  • Monthly GROSS available income not to exceed the State Income Standard ($1,911 as of January 2008).

  • Under no disqualification  period during the lookback period because of transfer of assets or gifts in excess of $5,000 prior to November 1, 2007, and for gifts or charitable donations of any amount after November 1, 2007.

 
Assets that are not counted in the asset limits:
  • Homestead - if the applicant intends to return home.

  • Homestead - if a dependent SSI-disabled child lives there.

  • Additional Property if rented or listed for sale at fair market value.

  • Property used in trade or business.

  • Vehicle - regardless of age or value.

  • Additional vehicle(s) - if seven years old or older unless it is a luxury model, an antique or customized.

  • Life Insurance - with no cash value.

  • Life Insurance - with cash value - if the total face value of all life insurance policies is less than $2,500 per person.

  • Irrevocable burial contracts.

  • $2,500 per person designated for burial  expenses - revocable burial contracts, bank accounts designated for burial by notation in the title, or life insurance policies.

  • One burial  plot per family member.

  • Retirement accounts (IRAs) that are making regular automatic periodic distributions.

 
Assets that are counted in the asset limits:
  • Checking accounts

  • Savings accounts

  • Brokerage accounts

  • Certificates of deposit

  • Stocks and bonds

  • U.S. savings bonds

  • Real Property

  • Limited partnerships

  • Life Insurance cash value if the total face value of all policies is greater than $2,500 per person.

  • Boats

  • Loans

  • Annuities

  • IRAs not making regular periodic distributions

  • Any resource or item of value owned jointly by the applicant or the applicant's spouse.


Income included in $1,911 limit:
  • Social Security

  • Civil Service

  • Pension

  • Annuity payments

  • Retirement accounts

  • Interest

  • Dividends

  • Alimony

  • Rental income

  • Life insurance proceeds

  • Long Term Care Insurance


Income excluded from $1,911 limit:
  • Vendor payments

  • Aid and Attendance from Veterans Administration

  • Life insurance dividends

 

All contents © 2008 The Law Offices of Charles F. Robinson