Success Story: Spousal Example

John Abernathy, a World War II veteran, was recently admitted to a nursing home. Emotionally, this was a very difficult time for his wife Doris, and their children. In addition, financial pressures were mounting because of the high cost of John’s care. Doris was worried that she might not have enough money to live on, that her life savings would be used up and that there wouldn’t be anything left to pass on to the children. Here are the specifics of their situation:

Resources/Assets
John's Income
Doris' Income
CD's
$72,000
Bonds
$20,000
Stocks
$44,000
Mutual Funds
$0
Savings Accts
$6,000
Checking
$5,380

Countable Assets

$147,380
Less Allowable assets
$95,100
Social Security
$1098
Ret/Pension
$356
 
 
 
Social Security
$642
No Pension
 
 
 

Total Excess Assets
$52,280

Total Income
$1454

Total Income
$642

Initially, the Abernathy’s countable assets exceeded the spousal asset limit by $52,280. We implemented the following strategies to help them to preserve the excess assets:

Burial Accounts were set up for both of them - $2500 each for a total of $5,000. Medicaid did not count these burial accounts as assets.

Since they still had excess assets of $47,280, they still needed to restructure assets to get below the $92,660 maximum. To do this, CD’s were cashed in and a $48,000 Medicaid Friendly Annuity was purchased. We made Doris’ the owner of the annuity so interest income from the annuity would go to Doris, not the nursing home. Doris is the annuitant and owner, and their children are beneficiaries. Since Doris owns the annuity, there is no “gifting” of assets, thus Medicaid’s “three-year look back” period does not apply to assets placed into the annuity.

In a few years, Doris will receive almost all the $48,000 back in the form of a balloon payment.  In addition, Doris was allowed to receive a portion of John’s income as “spousal diversion” to allow her meet her monthly expenses.

Thus, the Abernathy's were able to accomplish the following:

  • Have John approved immediately for Medicaid
  • They preserved virtually the entire amount of their excess assets ($48,000)
  • Doris receives interest payments from the annuity each month
  • Some of John’s income was diverted to Doris to help her meet expenses

Needless to say the Abernathy’s were very pleased with the end results. Best of all, Doris is sleeping well these days.

 
Disclaimer: Medicaid Information Resource (MIR) does not practice law. MIR has relationships with properly licensed FL attorneys. Should it become necessary for any legal documents to be prepared or modified this is done solely by attorneys properly licensed in the state of Florida.

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Contact: Bill Ruffing, Medicaid Information Resource
2629 McCormick Dr, Suite 101, Clearwater, FL 33759
Toll Free: 866-755-0620 | Tampa Area: 727-735-0620
Email:
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