This is not always true. In many cases, if you are married to someone living in the community, then the “community” spouse is entitled to some or all of the income of the “nursing home” spouse.

Yes, Medicaid will pay for some nursing care in your own home if you meet certain qualifications.

No, if your assets are in a Revocable Trust created by you or your spouse, then those assets are counted by Medicaid as belonging to you and can prevent you from qualifying for Medicaid. Fortunately, there are other legal approaches you can still take to mitigate your nursing home costs and, in many cases, preserve some type of an inheritance.

Medicaid will look at all household assets when deciding how much you can keep. Fortunately, some assets, such as your house can be made entirely exempt from Medicaid “spend down.” In addition, Ohio allows you to shift certain assets from being countable to becoming exempt. Many times, an annuity can be used to shelter assets – even after your spouse is already in the nursing home! A qualified Elder Law Attorney should be consulted about this unique type of planning available to couples living in Ohio.

The Toron Law Firm offers a FREE initial consultation. In the vast majority of cases, we can offer flat rates that fit into your budget. For example, hiring an attorney is considered an allowable “spend down” expense under the Medicaid rules. Therefore, in many cases, the cost of an Elder Law Attorney will be paid for by funds that would have gone to the nursing home.

It is perfectly legal to plan your estate to take advantage of the Federal and State laws that allow you to protect your assets from nursing home costs. Everything we do is within the law and is fully disclosed to the county caseworkers. Nothing is “hidden.” It is very similar to rules that allow you to claim tax exemptions and other strategic exemptions.