Lawyer Monthly - October 2023

Gene Carlino To give a foundation for this discussion, could you please briefly outline what Medicaid offers and why it is important for seniors and their families to consider it in their financial planning? Financing the cost of long-term care is a major concern for many people, especially those approaching retirement. Many seniors are concerned that if one spouse requires long-term care in a nursing facility, the spouse who is living at home will not be able to maintain him or herself in the community in the standard of living the couple enjoyed before the onset of the debilitating condition. Planning with an elder law attorney can help a family position their assets so that they can take advantage of the exemptions and protections that are available under federal and state law. My Legal Life Elder Law and Medicaid Planning in 2023 For senior citizens in the US, Medicaid eligibility forms a central pillar of financial planning. Experienced elder law attorney Gene Carlino shares his sector insights with us in this article, delving deeper into Medicaid’s eligibility requirements, the ‘look-back’ period and how seniors can work with legal counsel to devise sound financial plans that safeguard their healthcare. MY LEGAL LIFE 29 What are Medicaid’s eligibility requirements in your jurisdiction? In Rhode Island, for a married couple there is spousal resource allowance of a minimum of $29,714 and a maximum of $148,620. Countable resources are arrived at as of the beginning of the period of placement in a long-term care facility. That sum is then divided in half and the spouse in the community is allowed to retain one half of those resources subject to the minimum and maximum amounts noted. Equity in a home up to $688,000 is excluded from the definition of countable resources. But if the home is in the Medicaid recipient’s probate estate, it is subject to estate recovery by Medicaid. An at-home spouse is allowed to retain his or her own income, but the spouse in the nursing home must contribute his or her income. If the at-home spouse’s income is below $2,465, that spouse can retain enough of the total income to reach the base amount of $2,465. This base amount can be increased if household shelter costs

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