Legal

Ask a Lawyer and Get Answers to Your Legal Questions

Ask a Lawyer,
Get an Answer ASAP!

Legal

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: 7 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 7 months ago
Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 45,318
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 7 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: 45,318
45,318 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 waiting to hear from my late husbands life insurance
I am waiting to hear from my late husbands life insurance carrier to respond to the life insurance claim that was filed months ago, it was during the incontestability time frame so they are reviewing … read more
Michael Bradley
Michael Bradley
JD
1,222 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
Question....I am beneficiary of my ex husband life insurance
Question....I am beneficiary of my ex husband life insurance policy, stated in divorce he cannot change. I pay premiums, he owns the policy.....if he should pass with business(his own) or petsonal am … read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
2,233 satisfied customers
My husband has all his bank accounts, life insurance, and
Hello, My husband has all his bank accounts, life insurance, and retirement funds with my name under his. If he passes prior to me will everything be okay and I will not have to worry about it going t… read more
Lori
Lori
Juris Doctor
652 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
I recently applied for 2 life insurance policies. As a
Hello. I recently applied for 2 life insurance policies. As a result of that application I found out that one of my blood tests came back with abnormal readings. The agent said I would still be covere… read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,495 satisfied customers
My mother took out a life insurance policy on me when I was
Hi, my mother took out a life insurance policy on me when I was a minor. I'm 27 now, and found out she's refusing to sign the policy over to me despite the fact I'm an adult and her agreeing to over a… read more
LegalGems
LegalGems
Juris Doctorate
11,062 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
A life insurance policy which was cancelled in October,
a life insurance policy which was cancelled in October, November, and December, and on auto-pay has still not ceased. what to do? … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
8,357 satisfied customers
How can i investigate or find life insurance available for
How can i investigate or find life insurance available for my deceased husband, without a company name or policy number. Does such of an investigative service exist?… read more
Ray
Ray
Lawyer
45,318 satisfied customers
We need advice on universal life insurance policy. New
We need advice on universal life insurance policy. … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
8,357 satisfied customers
I am a grandfather who took out a life insurance policy for
I am a grandfather who took out a life insurance policy for my 19 year old … read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
20,727 satisfied customers
Named as beneficiary on life insurance and wondering if upon
Named as beneficiary on life insurance and wondering if upon award, one can reassign that benefit to someone else to receive the money with similar no tax benefit or can I only then give as a gift??… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
I am the beneficiary of a life insurance policy and the
I am the beneficiary of a life insurance policy and the insurance company won't make the check out to me.they keep sending it to the estate of Don Sergott so the bank won't cash it. I called them and … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
When a health insurance dubrogation cosim is paid out of a
When a health insurance dubrogation cosim is paid out of a personal injury lawsuit does that cost get paid out of settlement funds BEFORE the lawyer takes his cut? … read more
Phillips Esq.
Phillips Esq.
Attorney
JD
18,676 satisfied customers
California Inheritance and Medi-Cal health insurance
California Inheritance and Medi-Cal health insurance question. Medi-Cal requirements have changed in the last few years, and my wife and I have been receiving health benefits thru Medi-Cal. My wife wi… read more
KLAW
KLAW
Juris Doctorate
1,856 satisfied customers
I made a payment for my health insurance coverage that
I made a payment for my health insurance coverage that included September (back payment) and October (current) but it was late. They cashed the check but then told me the coverage was terminated on Oc… read more
Damien Bosco
Damien Bosco
3,690 satisfied customers
My life insurance company canceled me although my premiums
My life insurance company canceled me although my premiums were paid up to date. They claim I did not answer a survey they said they sent, yet I never saw. Now they want nearly a 4th as mush as the po… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
8,357 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