QUESTION
Can medicaid use the couple's income together even if they never combined their finanaces
Asked on Oct 31st, 2013 on Estate Planning - Michigan
More details to this question:
Both own their own homes, not married, but are together most of the time in one home or the other, if one becomes terminally ill and doesn't have insurance, does medicaid use both incomes to determine eligibility for help, even though the couple has never combined their finances?
7 ANSWERS
2 Awards
If not married, no.
Answered on Nov 06th, 2013 at 5:22 AM
3 Awards
Yes, in Nevada, absent a pre or post nuptial agreement both spouses assets are eligible. Medicaid planning is complicated, please seek legal counsel to address an estate plan that will/may include a post nuptial agreement.
Answered on Nov 01st, 2013 at 9:20 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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No, so long as you maintain your singleness and do not combine in anyway; but you are advised to contact medical direct via their website to obtain the most recent information.
Answered on Nov 01st, 2013 at 5:37 PM
Probate Attorney serving New Orleans, LA
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James G. Maguire
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No. If they are not married, Medicaid will not combine income or assets in determining eligibility.
Answered on Nov 01st, 2013 at 5:37 PM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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Income is not combined it's the assets, or "resources" that are combined. And, yes, even if a couple has never commingled their assets, the combined assets of husband and wife are considered to be available for the care of the ill spouse, subject to the "spousal impoverishment" rules (a bad name, since impoverishment is what they're designed to avoid). Get help from an experienced elder law attorney. You will be spending ill spouse's money anyway in the "spend down," so spend some on lawyer fees to make sure you get the best result.
Answered on Nov 01st, 2013 at 5:36 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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No. If they are not married, they are not considered jointly under Medicaid rules.
Answered on Nov 01st, 2013 at 5:35 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Usually not, but the devil is in the details. See an attorney with all of the facts for a firm opinion and advise.
Answered on Nov 01st, 2013 at 5:35 PM