Legal Question in Elder Law in Florida

When one spouse resides in a nursing home in Florida and the other spouse continues to reside in the marital home, someone must pay the nursing home for the care of the spouse who is residing in the home. There are effectively three ways to pay for nursing home care: (1) from the married couple's assets, (2) from long term care insurance, and (3) by qualifying for Medicaid.

To qualify for Medicaid benefits a person must meet three criteria. The first is the need for skilled nursing care, over age 65, and be resident of the State of Florida. The second is an income test, and the third is an asset test. The spouse remaining in the home is limited in the amount of assets she can retain and still allow her spouse to qualify for Medicaid benefits (currently about $115,000 of countable assets).

There is no limit to the amount of income the spouse living in the home can have without regard to the income of the spouse living in the nursing home. All of the income received by the spouse in the nursing home must be paid to the nursing home with one exception. If the spouse living in the marital home has living expenses that exceed her income, some of the income from the spouse living in the nursing home can be diverted to the spouse living in the marital home.

Medicaid planning, and the Medicaid rules are quite complex. Your mother should consult with an experienced elder law attorney to determine her rights, including perhaps the diversion of some of her husband's income to her for her financial support.