If my spouse is going into a nursing home, can he transfer all of his assets to me and qualify for Medicaid?

Your spouse cannot transfer all of his assets to you in order to qualify for medicaid. There is a level, around 119,000, that the community spouse is allowed to keep. Please speak to a competent attorney for more information.

We allow a spouse to keep one-half of the couple’s marital assets, subject to a minimum and maximum, according to federal guidelines. We will measure the assets of the spouse applying for Medicaid on the date that he/she began a hospital or nursing home stay that lasted at least 30 days.

The amount of assets the healthy spouse is allowed to keep is called the “Community Spouse Resource Allowance” (CSRA).

If a spouse living in a community needs more assets than the CSRA, he/she can seek a court order allowing a variation from the state agency’s standard.

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