Elder Law: Misconceptions About Medicaid

Medicaid is a state and federal program designed to assist older people with low-income pay for health services such as nursing home care and medical treatment. The laws regarding Medicaid can be complex and confusing to understand on your own. Luckily, attorneys who specialize in elder law, such as the attorneys at Davidson Law Group, are available to clear up any misconceptions you may have regarding Medicaid. Today, our team of elder law experts will address some of these misconceptions.

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Misconceptions Regarding Medicaid

#1 – Giving away assets will result in being disqualified for Medicaid

While it is true that a person can be disqualified for giving away property, the details of the transaction are important. Qualification depends on what is being given away to whom, and when it is being given away. This is a complicated process, and consulting with an Elder Law attorney is very important.

#2 – Placing property in your spouse’s name will result in Medicaid eligibility.

Any assets are counted regardless of which spouse’s name they are under during the initial Medicaid application. Some situations allow a spouse to transfer assets to their healthy spouse after the Medicaid eligibility is determined, however. This is generally done because once the applicant qualifies for Medicaid, their assets are treated separately, so to stay eligible sometimes it can be useful to transfer assets.

#3 – You are not allowed to own property

Some people are under the impression that you are disqualified for Medicaid by owning property. However, the truth is that some property is permitted. For instance, in some cases, a joint-owned property where the healthy spouse stays can be ‘non-countable’ towards Medicaid limits. There are many examples of property that won’t impact your application, so speak with an elder law attorney about the details of your specific case.

#4 – All of my spouse’s income must be used to pay a nursing home bill

The law allows you to keep some portion of your spouse’s income while on Medicaid if you are below a certain income limit. There are also specific factors that your elder law attorney can provide to a judge that permit a greater allowance.

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Speak to an Elder Law Attorney at Davidson Law Group

We understand that elder law can be complicated and confusing. At the Davidson Law Group, our expert team of attorneys is available to help you or your spouse get the help you need. Contact us today in Fort Worth, Allen, or Tyler, TX to schedule a free consultation!