EXEMPT ASSETS:

WHAT YOU GET TO KEEP WHEN "MEDICAID" that has ASSET LIMITS*
(in addition to the $1,600 LIMIT)

 

Lisa Nachmias Davis

Davis O'Sullivan & Priest LLC - Attorneys at Law

129 Church Street - Suite 503

New Haven, CT 06510

203-776-4400

davis@sharinglaw.net ~ www.sharinglaw.net
(revised
08-8-16)

 

NOTE: There is NO LIMIT on assets for Husky D (low-income, not receiving Medicare, 19-65, single or in an institution, not receiving "waiver" services;

There is NO LIMIT on assets for QMB, which covers copays and deductibles for Medicare-covered services  to those with low income)

IMPORTANT:  MORE ASSETS MAY BE EXEMPT FOR A PERSON WITH A SPOUSE IN THE COMMUNITY

1.     Your HOME (1-family, 2-family, whatever) -- any value -- while any one of the following is living in it:

        Your SPOUSE

        Your disabled child or child under 21

 2.        If no spouse or disabled/minor child lives in the house, then equity in your home up to $828,000 (changes annually) (in CT) IF:

       You are living in it (and in CT, you are "living in it" if you can reasonably be expected to return to it (which is checked every six months); if not, it's exempt only if listed on the market and you take any reasonable offer for sale)

       NOTE:  you can GIVE to a sibling with an equity interest who has lived in house 1+ year preceding institutionalization.  The rule used to be that the house was exempt if the sibling lived in it -- no more.

You are encouraged to take out a reverse mortgage to reduce the equity, if need be.  But if you are out of your home for 12 consecutive months you are not eligible for a reverse mortgage. 

 3.    Personal effects, furniture, TV, household items, although at least in theory anything of value, that you could sell easily or hold for investment, isn't exempt.

4.    Car:

       If one spouse is at home and one in a nursing home (or receiving home care "under the waiver" program), one car of any value.

       If that doesn't apply, then one car of any value needed to transport you to medical appointments.

       Any handicapped-equipped vehicle.

5.     Irrevocable Funeral Contract.

       The State only allows these to be issued in CT up to $8,000 (eff. July 1, 2016).

       If you don't have one of these, a revocable contract of $1,500 (less the value of any insurance you have) is OK instead.

 6.    Burial Plot.  Includes a revocable "burial trust" to pay for things like a casket or grave liner.  You can have one for each of you and spouse.  May be more than $8,000!  If the funeral home issues both, they need to specify which covers which.

 

7.    Term life insurance ("term" insurance = you pay a premium; it does not pay interest or dividends; there is no cash surrender value, etc.)

 

8.    Other life insurance policies ("whole" life or "permanent" life insurance, or universal) only if FACE VALUE of all policies is $1,500 or less.  This is very confusing.  If the face value is $1,500 and the cash value is $3,500, the whole thing is exempt.  If the face value is $1,600 and the cash value is $1,500, none is exempt.

 

9.    The equivalent amount to whatever your Connecticut Partnership Long-Term Care Insurance policy has ALREADY paid out for your care.

 

10.   Trusts, promissory notes, annuities:  IT DEPENDS consult an attorney.  Your garden variety "living trust" or annuity is NOT PROTECTED.  In some cases, if the annuity is irrevocable and non-assignable, has a term no longer than your life expectancy, and the beneficiary is the State (up to the amount of Medicaid you get during life) after your spouse or minor or disabled child -- this will be exempt.  Consult an attorney!

 

11.   Reparations -- if you get Holocaust or internment reparations or payments from similar programs, these may be exempt.

12.   Reverse Mortgage or Home Equity Loan proceeds in a segregated account.

13.  Assets in a "Special Needs Trust" that pays back the State when you die, or (if over 65) a "Pooled Trust Account" -- consult an attorney.

14.   Other Stuff that is "inaccessible" -- which gets very technical and legal and may involve a fight -- so consult an attorney.  (A house listed for sale should qualify, though.)

 

Most everything else is "counted" when determining whether you meet the financial criteria. There are further exceptions, however, so you should consult an attorney and provide your attorney with complete information.

Note:  This information is maintained to benefit the elderly in Connecticut and nationwide by providing a resource to attorneys, caregivers, and others assisting the elderly.  However, accuracy and currency are not guaranteed.  The law changes often; this may be out of date.


USE AT YOUR OWN RISK.
Please report changes, errors, and suggestions to Lisa Davis.