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Elder Law and Medicaid Basics: Paying for Long-Term Care

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Long-term care is expensive, and Medicare covers only limited stays. Medicaid pays for nursing home care for people who meet strict income and asset rules.

Key concepts

  • Medicaid has income and asset limits, which vary by state.
  • Certain assets, such as a primary home up to a limit and one car, may be exempt.
  • A five-year look-back reviews transfers of assets for less than fair value.
  • Penalty periods can delay eligibility after improper gifts.

Protections for spouses

A spouse who stays at home, called the community spouse, may keep a portion of assets and income. These rules prevent spouses from being left without resources.

Avoid mistakes

  • Giving away assets without advice.
  • Missing deadlines for applications.
  • Not documenting transactions.
  • Relying on unreliable advice or paying for scams.

Where to get help

  1. Talk to an elder law attorney, who can plan within the law.
  2. Contact your local Area Agency on Aging.
  3. Ask your state Medicaid agency about long-term care programs.
  4. Consider legal aid for seniors.

Frequently asked questions

Does Medicare pay for nursing homes?

Only for limited short-term skilled care after a hospital stay.

Can the state take my home?

Estate recovery can seek repayment from the estate in some situations.

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