At one point or another, you may need to seek legal advice in order to figure out how to pay for your loved one’s stay at a nursing home or other assisted living facility. For instance, in their effort to secure funding, many individuals consider applying for Medicaid in hopes that Medicaid will cover a portion of these costs. However, these individuals often encounter concerns that their existing income will disqualify a spouse from receiving benefits. Consequently, they may initially fear that they’re on their own when it comes to funding long-term care.
Fortunately, both for those who receive Medicaid and those who seek to use it for assisted living, a provision was passed a few decades ago that prevents one individual’s income from getting in the way of a spouse receiving the benefit. Thus, the individual in a marriage who’s still active and a participant in the community can still have an income without the fear that his or her income disqualifies the spouse from Medicaid. To explain, the Medicare Catastrophic Coverage Act of 1988 has a Spousal Impoverishment provision that applies only to married couples, and this provision changed the eligibility requirements for Medicaid. In a nutshell, the provision establishes a “division of assets,” that plays a role in determining benefit eligibility.
Since questions concerning funding and eligibility have the potential to create confusion, those individuals who receive Medicaid or hope to use the benefit to pay for their assisted living expenses may want to consider reaching out to an experienced Ohio elder attorney or other professionals who can help answer questions. An Ohio elder attorney who’s had experience dealing with the ins and outs of this benefit can provide you with the certainty you need to begin planning your future with confidence.
