Elder Law Answers
Does Medicaid Count a Spouse's 401(k) When Determining Eligibility?
Is the community spouse's 401(k) considered an asset when the state determines an applicant's eligibility for Medi...
Read moreWill Medicaid Count a Spouse's Assets If the Husband and Wife Live Separately?
- October 22nd, 2015
Q
My father-in-law recently moved into our home after his wife's daughter would no longer look after him. He is 81 and has been blind for eight years. His wife was put into assisted living before he left his home and moved in with us here in Texas. They have been married for 25 years, but have had separate assets the whole time. He only has $5,000 plus his Social Security to his name. We are going to try to get him on Medicaid to get him placed in a nursing home, but we want to know whether her assets will be counted against him?
A
We can’t tell you how Texas applies the Medicaid rules, but it would be surprising if the state took your father-in-law’s wife’s assets into account when looking at his Medicaid eligibility. You should be able to explain the circumstances and clarify that they live separately. The state may or may not want some proof of the situation. And they may or may not want your father-in-law to sign over to them any rights he may have to spousal support. So these may be hoops you’ll have to jump through, but they shouldn’t ultimately affect his eligibility for benefits. A Texas elder law attorney could give you more definite advice about local practices. To find an attorney in Texas, go here: https://www.elderlawanswers.com/texas-elder-law-attorneys.
For more about Medicaid's rules, click here.