When property is held jointly and one party enters a nursing home, what is the financial responsibility of each party?
It's difficult to answer the question without knowing more specifics, but I'm assuming that you're talking about a married couple, with one spouse entering a nursing home and hoping to qualify for Medicaid.
Medicaid -- which pays for the nursing home care of financially and medically needy people -- is a complicated program. Each state has different rules about what assets a spouse is entitled to keep when the other spouse qualifies for Medicaid nursing care. Planning is important to ensure that enough resources will be available for the stay-at-home spouse.
Under the Medicaid rules, the assets of both spouses are combined and divided in half. Any assets over the maximum allowed for the stay-at-home spouse must be used to pay for the care of the nursing home spouse.The stay-at-home spouse is entitled to a minimum amount of assets and income. These amounts vary by state.
You should consult with an elder law attorney in the state of Iowa to inquire about estate recovery and spousal refusal. In some states, the healthy spouse, usually referred to as the Community Spouse, can refuse to provide financial support to the spouse in the nursing home.
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