Long Term Care Planning for Married Couples
If one spouse has to enter a nursing home, the healthy spouse is allowed to keep $99,540.00, the home and one car. The nursing home spouse gets to keep $2,500 ($2,000 in Massachusetts). The balance of the marital estate would have to be spent down on the ill spouse's nursing home costs. Some of the money could be spent down by prepaying funeral expenses of both spouses, purchasing a car or house (if they don't already own one) and/or purchasing a Medicaid Qualifying Annuity.
A Medicaid Qualifying Annuity is essentially the conversion of excess assets that should be spent down, to income for the healthy spouse. The healthy spouse's income is not countable when determining the nursing home spouse's eligibility for medical assistance. The annuity must be irrevocable, non-transferable and non-assignable for it to be qualified.
This information provided herein is for general purposes only and does not to purport to give specific advice on individual matters. If you want individual advice you should contact an elder law attorney.
Mary Howie is an attorney who practices in Elder Law and Estate Planning in both New Hampshire and Massachusetts. She holds a masters degree in business administration and finance. Christine Windler is also an attorney practicing in Elder Law and Estate Planning. Attorney Windler holds a masters degree in taxation. If you have any questions, you may call them at 603-893-8008.