It is natural to worry about your assets if you need to use Medicaid to cover long-term care, especially if you have a spouse or dependent children to provide for as well. Federal law requires that the state that provided your Medicaid must try to recover the cost of the services you received. They typically do this by taking the assets from your estate when you die.
The amount that the state can recover from your estate is based on the amount of your estate and the total cost of services provided by Medicaid. Which ever of the two numbers is less, is the one that is assigned to your estate.
Luckily, it is possible, in some circumstances, to get a hardship exclusion. A hardship waiver must be applied for, showing that your spouse or disabled child would face unnecessary hardship if the state garnished your estate. It may also be possible to qualify for this exclusion if the person who cared for you prior to your death would face financial hardship.
Each state is responsible for its own determination of what hardship entails. The safest bet is to plan ahead, and enlist the help of a qualified Ohio elder law attorney to help you safeguard your assets for your loved ones in the best way possible, without sacrificing your care needs.
