New Connecticut law helps families with a spouse in a nursing home.
If one spouse is in a nursing home (“Institutionalized Spouse”) and the other spouse remains at home (“Community Spouse”) federal law allows the Community Spouse to keep ½ of the couple’s non-excluded assets, but subject to a maximum of $ 109,560.00. The maximum increases every January 1. A Connecticut statute that became effective on May 20, 2010, provides that the Community Spouse can keep all of the non-excluded assets up to the maximum of $109,560.00, not just ½. This is very important. Here is an example of how the Connecticut statute helps a family.
- Joe and Sally own their home, a new car, and have $100,000.00 in cash assets. Joe has had progressive dementia and Sally no longer can care for him at home so Joe is now living in a nursing home.
- The home is protected as an excluded asset because Sally is living there.
- The car is protected as an excluded asset.
- The new Connecticut statute allows Sally to keep the entire $100,000.00, not just the $50,000.00 she would have been allowed under federal law.
- Joe is immediately eligible for Medicaid to pay for the cost of his care in the nursing home.
Please contact our office if you need help with long term care issues. We stay abreast of changes in Medicaid law, and have experience preparing and filing Medicaid applications. We are prepared to counsel you on the options you have if a family member requires long term care.