Help When A Spouse Goes To A Nursing Home

Posted on

Feb 24, 2021

If your spouse has entered a nursing home, you know the governments harsh rules create a tremendous financial strain on the healthy spouse. The general rules of Medicaid for married families only allow the healthy spouse to keep half of the available assets, up to a maximum of about $130,000.

Lets consider the situation of Jane and John Jones. John is a stroke patient who needs nursing home care. The Jones family has worked their entire lives to save about $400,000 for retirement. Johns unfortunate stroke is going to result in Jane losing $270,000 to the nursing home over 2 years. In addition, once the money is gone, the State will even require some of Johns monthly Social Security check to be paid to the nursing home.
WHY? Why does our government system require Jane to go broke because her husband had a stroke? It shouldnt work that way!
Jane starts doing research and meets with a Certified Elder Law Attorney*. After reviewing the situation, the attorney recommends a strategy called a Spousal Annuity plan. This strategy allows Jane to convert nearly all the money she would otherwise lose into an annuity for her own benefit. Rather than losing $270,000, Jane turns the asset into an income stream that she can use to pay her bills for years. Shes allowed to protect almost all her assets through a well-designed asset protection plan!
Does this sound too good to be true? Its not. You just have to know the rules and how they apply to your specific situation.
Medicaid rules are complex, and you should not assume this strategy will work for your family. A certified Elder Law Attorney* can help you determine if this (or another) strategy can help save your assets. A nursing home admission is a legal problem requiring a lawyers assistance. Dont navigate this alone. Our lawyers are available for no-cost phone and Zoom consultations. Call Today!

Editors Note: This article was written by Certified Elder Law Attorney* Tim Sechler, Esq., Sechler Law Firm, LLC. See our ad on the Back Cover or contact us by phone at 724-841-1393 or on the web at
www.SechlerLawFirm.com.
*Certified as an Elder Law Attorney by the National Elder Law Foundation as accredited by the Pennsylvania Supreme Court.

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