Legal

Ask a lawyer and get answers to your legal questions

Ask a Lawyer,
Get an Answer ASAP!

If a person of 85 goes into a nursing home how much of their…

Customer Question
If a person of...

If a person of 85 goes into a nursing home how much of their own money do they get to keep?

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

District of Columbia

Lawyer's Assistant: Has anything been filed or reported?

No

Submitted: 9 months ago.Category: Legal
Show More
Show Less
Ask Your Own Legal Question
Answered in 4 minutes by:
7/29/2017
Lawyer: Ray, Lawyer replied 9 months ago
Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 46,970
Experience: 30 years in civil, probate, real estate, elder law
Verified

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.

Ask Your Own Legal Question
Lawyer: Ray, Lawyer replied 9 months ago

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

[ top ]

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.

[ top ]

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.

[ top ]

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.

If you can positive rate 5 stars it is much appreciated.

Reference

http://www.directact.org/Services/longtermcare.html

Ask Your Own Legal Question
Was this answer helpful?
Ask Ray Your Own Question
Ray
Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 46,970
46,970 Satisfied Customers
Experience: 30 years in civil, probate, real estate, elder law

Ray is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,775 satisfied customers

JD, BBA Over 25 years legal and business experience.

Ely

Ely

Counselor at Law

24,353 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

20,727 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

42,358 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo J. Senmartin, Esq.

Guillermo J. Senmartin, Esq.

Attorney

292 satisfied customers

7+ years of experience handling various legal matters.

< Previous | Next >

Related Legal Questions
I am looking for assistance with health insurance laws in
Hello I am looking for assistance with health insurance laws in Washington state. I have paid into the benefits program already, but my employer is refusing to provide me with my health insurance info… read more
LegalGems
LegalGems
Juris Doctorate
11,899 satisfied customers
Can a person keep their life Insurance policy if the are on
Can a person keep their life Insurance policy if the are on medicare ? … read more
KLAW
KLAW
Juris Doctorate
2,100 satisfied customers
This in regards to my husbands health insurance. I called on
Hi this in regards ***** ***** husbands health insurance. I called on his behalf the day before his surgery to confirm that his particular doctor was in network. I was told yes. They have notes on tha… read more
LegalGems
LegalGems
Juris Doctorate
11,899 satisfied customers
In the case where a life insurance policy was changed,
In the case where a life insurance policy was changed, suppose ably ,by a terminally ill and almost completely unresponsive individual, one week before their deaf but not received by the employer of t… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
42,358 satisfied customers
I recently had a $750,000 joint survivor life insurance
I recently had a $750,000 joint survivor life insurance terminated for lack of payment. I had been using the cash value to make the premium payments and that became insufficient and the policy went in… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
11,095 satisfied customers
If someone filed claims on a health insurance policy that
If someone filed claims on a health insurance policy that they don't have a legal right to, isn't that insurance fraud?… read more
Bill Attorney
Bill Attorney
law
2,218 satisfied customers
I live in Kansas he had life insurance and ad and d with
I live in Kansas he had life insurance and ad and d with Lincoln financial he had high blood pressure can they not pay because of this he was killed in a motorcycle wreck … read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
3,206 satisfied customers
I have a life insurance policy that the company refuses to
I have a life insurance policy that the company refuses to pay. The problem is with coding by the doctor. … read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
20,727 satisfied customers
I am the beneficiary of a life insurance payout and the
i am the beneficiary of a life insurance payout and the company is contesting the claim The policy was inforce for 4 years. I live in Florida and the insurance company is new york life. They falgged m… read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
37,034 satisfied customers
I bought some health insurance policies from a broker. The
I bought some health insurance policies from a broker. The broker lied on my husband's life insurance app- said he never was convicted of a felony- I had told her he was. Also, I bought health insuran… read more
Attorney Wendy
Attorney Wendy
Member
Juris Doctorate
718 satisfied customers
If a Medical premium is not paid for the last month of
If a Medical premium is not paid for the last month of coverage of a health insurance plan (the plan was terminated and is no longer enrolled in) is the premium for the last month payable /owed to the… read more
Attorney Wendy
Attorney Wendy
Member
Juris Doctorate
718 satisfied customers
My daughter is beneficiary for a fraudulent life insurance
my daughter is beneficiary for a fraudulent life insurance application does she has to submit a claim form if she dont want to … read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
3,206 satisfied customers
I need to ask questions reguarding a life insurance.
I need to ask questions reguarding a life insurance … read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
20,727 satisfied customers
I got life insurance on my father, while he was a permanent
Hello: I got life insurance on my father, while he was a permanent resident of the US. Later on he moved back to Europe, his green card expired and he lost his immigration status. Will this change aff… read more
LegalGems
LegalGems
Juris Doctorate
11,899 satisfied customers
I got a $50,000 life insurance policy in 1991, which was a
I got a $50,000 life insurance policy in 1991, which was a transfer from a previous holder, and now, after paying in $36,000, and at age 87, the insurance company has now raised my quarterly premiums … read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
42,358 satisfied customers
I have a question about a will and a life insurance policy.
I have a question about a will and a life insurance policy … read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
This is a question about health insurance coverage for a
This is a question about health insurance coverage for a dependent who is covered under both parents' plans.My daughter has recurring therapy that I have been covering under my employer's health insur… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
42,358 satisfied customers
If he invested his own life insurance money in it that was
If he invested his own life insurance money in it that was opened before marriage,and then after marriage put it into bitcoin does That still count as joint asset?… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x