QUESTION

Will I have to spend down my 401(k) to support my husband with dementia in memory care before Delaware will cover him with medicaid?

Asked on Sep 23rd, 2018 on Elder Law - Maryland
More details to this question:
My husband who is fairly young (66) and healthy had to be committed to memory care due to severe dementia. I have a sizeable 401(k) which is supposed to support me in retirement in addition to a pension and social security. Maryland requires that I spend all my 401(k) down to $2500 in total assets before they will cover him with Medicaid. Does Delaware have the same rules? I understand Pennsylvania does not count the 401(k) of the spouse as joint assets that must be spent down before medicaid steps in.
Report Abuse

1 ANSWER

Wills Attorney serving Austin, TX
2 Awards
Talk to a local elder lawyer.  You can find one using the Find a Lawyer function of the National Academy of Elder Lawyers website (www.naela.org)
Answered on Sep 24th, 2018 at 5:07 AM

This is general information. It cannot substitute for a personal consultation with an attorney. It is not intended to be legal advice or imply an attorney-client relationship.

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters