How long before I should apply for Medicaid for my husband in a nursing home?

Medicaid has no desire for you to become destitute when you put your husband into a nursing home. Then, two people would be taking public benefits instead of just one. You need to speak to an elder law attorney in your area who is familiar with Medicaid laws and who can tell you how to manage your assets so that your husband can qualify for Medicaid while you maintain a good quality of life. You can find an attorney in your area through the National Academy of Elder Law Attorneys, www.naela.org.

It is unfortunate that you already sold your home. However, for those readers who are facing a similar circumstance, it is advisable to consult with an experienced Elder Law attorney before making any decisions that could affect your (or your spouse's) eligibility for Medicaid. Sales and transfers of real estate to family members definitely fall into that category. The Medicaid rules are complicated and it is easy for the unwary to make an irreversible mistake that can cost the family dearly. A consultation with an experienced Elder Law attorney will help you understand your options and going forward.

You should contact an elder lawyer immediately. There may be some instances in which you could apply immediately. You do not have to spend down his assets to $2,000.00 because you are his spouse and entitled to many of the assets in your own name. His income will be taken into account, but yours will not. The Medicaid system was changed to prevent spousal impoverishment. You need an elder law attorney to help you through this maze. When did you sell the house? Where is the money now? What other assets do you and he have? is he a Veteran entitled to some other benefits? There are many questions and many ways to assure that you are able to maintain yourself while your husband is receiving the care that he needs. You would also need to find out if the skilled facility in which he is living has a Medicaid bed or whether they would allow him to stay in the place he is now, even though a Medicaid bed is not readily available. Some will accept the payment for a short time since you and he have made private payments. In addition, medicaid may pay up to 90 days retroactively to being accepted. While it is too late to put certain things in your children's names without a penalty, it may be possible to transfer assets into your name as the spouse and then do some Medicaid planning in case you need it in the future. I hope you will contact me or any other elder law attorney in town to alleviate your concerns. We handle all phases of Medicaid and can help you determine your best course of action.