Legal Question in Elder Law in New York

Can joint assets be transferred to the healthy spouse and still qualify for medicaid home care or nursing home care?


Asked on 11/24/10, 5:11 pm

1 Answer from Attorneys

Richard Bryan Richard Bryan Attorney PC

Home care and nursing home care are two separate programs. You need to be very careful with asset transfers because the rules are just so complicated and there are so many other factors to consider when applying for assistance other than the asset transfer issue. What is the value of the assets; what type of assets; have there been prior transfers; what is the total net worth, and how much is "countable" as a resource for medicaid purposes.

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Answered on 11/29/10, 6:00 pm


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