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ASSET PROTECTION AND PROVIDING FOR THE SURVIVING SPOUSE

It’s never too late to plan for the needs of a healthy spouse

it’s crucial to help families navigate the complexities of Medicaid while preserving their financial security. One effective strategy when one spouse enters a nursing home and the other remains at home is the use of Medicaid Compliant Annuities (MCAs).

Yes, a Medicaid Compliant Annuity (MCA) can be purchased even after one spouse has entered a nursing home, and it can still be an effective tool for shielding funds from Medicaid’s asset calculation and estate recovery (often referred to as Medicaid clawback). 

In short, even if a spouse is already in a nursing home, purchasing an MCA can help shield the couple’s assets, provide financial security for the healthy spouse, and minimize or avoid Medicaid estate recovery, all while complying with Medicaid’s legal requirements.

Here's how it works:

1. Immediate Medicaid Eligibility:

When one spouse is already in a nursing home, the couple’s combined assets may exceed Medicaid’s eligibility limit for the institutionalized spouse. By purchasing an MCA for the healthy spouse, excess assets can be converted into an income stream that is exempt from Medicaid’s asset limits. This ensures that the institutionalized spouse can qualify for Medicaid without needing to spend down assets unnecessarily.

2. Protection for the Healthy Spouse:

The income from the MCA is paid to the healthy spouse and is not counted as an asset by Medicaid. This income can be used to cover living expenses, maintain the family home, or ensure financial stability for the spouse who remains at home. It helps prevent the financial hardship that might otherwise result from the need to spend down joint assets to cover nursing home costs.

3. Shielding Assets from Medicaid Estate Recovery:

Medicaid may attempt to recover costs from the estate of the institutionalized spouse after their passing. However, funds used to purchase a Medicaid Compliant Annuity are no longer considered part of the institutionalized spouse’s estate, which can help shield those assets from Medicaid’s estate recovery efforts. The annuity provides protection by ensuring that the community spouse retains income, while keeping assets out of reach of Medicaid clawback.

Virtual Consultations Include the WHOLE Family

When families live far apart or seniors have mobility issues, a virtual meeting with Scott Counsel makes it easy to include everyone in the conversation.

Peace of mind starts with a FREE Consultation. 

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