Medicaid Recipient Issues When the Community Spouse Dies First: Protections, Rules, and Key Planning Strategies

Description

Elder clients rarely plan for Medicaid asset preservation, not anticipating the illness or injury that requires immediate nursing home placement and an imminent need for Medicaid eligibility. But, what happens when the community spouse passes away before their Medicaid recipient spouse? Elder law attorneys must be equipped to handle these circumstances and implement effective planning techniques to maintain Medicaid eligibility.

Typically, counsel can protect the Medicaid recipient by using qualified annuities and making countable assets unavailable through DRA-qualified promissory notes. In addition, special protections are provided to spouses of Medicaid applicants to ensure the spouses have the minimum support as needed, along with the ability to leverage the Community Spouse Resource Allowance. However, this process can be substantially derailed if the community spouse dies first.

The panel will outline best practices for meeting the stringent requirements for Medicaid eligibility and maintaining eligibility in the event of the passing of the community spouse.

Listen as our distinguished panel of attorneys experienced in Medicaid asset preservation reviews the eligibility requirements and available planning techniques to maintain Medicaid eligibility as a preventative measure and upon the death of the community spouse.