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Ray, Lawyer
Category: Legal
Satisfied Customers: 42853
Experience:  30 years in civil, probate, real estate, elder law
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If a person of 85 goes into a nursing home how much of their

Customer Question

If a person of 85 goes into a nursing home how much of their own money do they get to keep?
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: District of Columbia
JA: Has anything been filed or reported?
Customer: No
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Submitted: 2 months ago.
Category: Legal
Expert:  Ray replied 2 months ago.

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

Expert:  Ray replied 2 months ago.

Here are the income and resource limits, anything above this you have to spend down on your care before medicaid eligible

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13. How is income treated?

Any income that you receive (paid to your name) is counted. Income in your spouses name is ***** ***** *Income includes all of the income you receive. For home-based service, you will generally meet the income eligibility for home-based services if your monthly income is below 300% of the SSI payment standard (totalling $1,737 for 2005).

The process is slightly different for nursing home care. From your income, certain deductions are made:

    • $70 a month personal needs allowance that you can use for personal expenses such as toiletries, clothing, newspapers;
    • An amount for your spouse and certain dependent family members;
    • The cost for any health insurance premiums, including Medicare,
    • and some medical expenses not covered by the DC Medicaid program;

If you are in a nursing home, a limited monthly allowance to maintain your home for a maximum of six months (if certain conditions are met): If your monthly income, after these deductions, is less than the monthly cost of nursing home services, then you will generally meet the income eligibility criteria for DC Medicaid services in a nursing home. The income remaining after these deductions must be paid to the nursing home. DC Medicaid pays the balance of the nursing home bill up to the maximum that the nursing home is entitled to charge under DC Medicaid.

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14. How are resources treated?

Your countable resources cannot be worth more than $2,600. If you exceed this limit by even $1 at any time during a month, then you will be ineligible for DC Medicaid for the entire month. Note: If you are married, your resources are treated differently than if you are single (see below). Special rules may apply to minor children who are disabled and in need of long-term care.

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15. What resources are not counted?

The following resources are not counted in determining whether you fall within the $2,600 resource limit:

    • Your home, if your spouse or a dependent relative lives in it, or if you express an intent to return to it within six months.
    • Ordinary household goods and personal effects.
    • Any car owned by you or your spouse.
    • IRAs and certain other retirement accounts (though. income is counted).
    • Certain life insurance, burial spaces, and pre-paid funeral arrangements or burial accounts.

I appreciate the chance to help you today.Thanks again.

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