Spousal Refusal | Just Say No Florida Medicaid Strategy // Elder Needs Law
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- Опубликовано: 8 сен 2024
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⬇️Florida Elder Law Practice Areas ⬇️
- Medicaid Planning / Long-Term Care Asset Protection
- Estate Planning
- Probate Administration
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Transcript:
I want to talk about a Florida Medicaid planning strategy known as spousal refusal. It's also sometimes referred to as just saying now. And this is a strategy that is most applicable in a situation where you have a married couple. And one spouse is in a skilled nursing facility or nursing home or long term care rehab, but that as as opposed to an assisted living facility or wanting to receive Medicaid care at home, so Okay, so we have one spouse in a nursing home, who would like to be eligible for Medicaid, because nursing homes cost 910 11 $12,000 plus per month, and you have another spouse who is living at home in the community and is not in need of Medicaid themselves. And what this strategy essentially entails is taking advantage of the fact that spouses are allowed to gift assets to each other without penalty. Spouses are the only two people who can give the assets to each other without penalty, one cannot gift assets to a child or to a close friend or other relative. If you do that, within five years of applying for Medicaid, you will be penalized. But for spouses, there is no penalty. And so what this strategy essentially allows you to do is transfer nearly all assets from the spouse who is in a nursing home who needs Medicaid, over to the spouse who is not applying for Medicaid, we call that person, the community spouse because they're able to live in the community and not are not in need of long term care services. So we again, we're transferring money over taking advantage of there's no gift penalty. And then at that point time, were severing essentially, the financial relationship between the married couple, where you have the well spouse was now going to refuse spousal refusal, or they're going to refuse to make their assets available to the Medicaid recipient, or the Medicaid applicant who is residing in a nursing home and will probably be in a nursing home for the rest of his or her life. And when you do that, Medicaid in Florida is not allowed to count all of these assets that are now in the name of the community spouse against the one who is demanding or applying for Medicaid benefits. Now, the drawback to this is the spouse who is in the nursing home has to assign their right to demand spousal support to the state of Florida, essentially allowing Medicaid if they were to choose to do so to step in the shoes of the Medicaid recipient, and literally sue the community spouse to demand that they support the institutionalized spouse. This is a scary possibility for a lot of Floridians. And however, what we can say is to date, it's now February 2023. We have never heard of the state ever exercising that right. I go to all the elder law conferences I am very involved in I'm on the board of directors of the Academy of Florida elder law attorneys. I say that not to brag just that. If this was something that were happening, I wouldn't know about it. So we can't promise that it's not going to happen in the future. If we were to take the side of history, we would say this is probably a acceptable risk, because Florida just doesn't have a history of taking advantage of their right to demand support from from the spouse. The people who are uncomfortable with even that remote risk for those people sometimes we bring in a family law attorney and we put together a strategic divorce, meaning we're divorced. We're arranging for a legal dissolution of the marriage, not because this is a couple doesn't love each other. But because we want to set we want to separate their assets and make it so no matter what the state of Florida is not allowed to look at the community. What was the community spouse's assets, so sometimes the strategic divorce is kind of a way to kind of in an iron clad way....
Don’t have to necessarily
live in a nursing home.
Can also be used in
the person applying for
Medicaid uses it in a
Community situation.
NYC.
Correct.
I'm 46 and my spouse was in ICU for two months now at a nursing home getting occupational physical therapy.
And will be released to me for long term or a long term nursing home.
(CIDP)
I know I won't be able to do this,.either way.
😢
You should consider Medicaid Waiver for services at home.
Over $137k in assets
aside from our house
and my Maserati
😂😂😂😂😂😂😂
and my masserriti
Luxury cars can be an issue.
Its cheaper to live on a cruise ship over living in a assisted living community…
It certainly can be. But not very many cruise ships can provide the assisted care needs that are found in many ALFs.