We have over $100,000 in resources. My husband is in a nursing home. I have been told that the only way my husband will be eligible for Medicaid is to pay for the cost of his care privately until my life savings is down to the spousal allowance of $74,820. Is this true?

No. The spousal resource allowance of $74,820 is only a minimum figure. There are many provisions in the law to permit additional resources to be protected. You may be able to keep all of your resources and avoid impoverishment.

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Contact our experienced Upstate New York elder law attorneys to schedule a free initial consultation.


Our firm focuses our practice on estate planning and Medicaid planning. We are also very experienced in handling elder law, irrevocable trust , revocable trust, basic estate planning(Will, Power of Attorney, Health Care Proxy), Medicaid law , and children with disabilities / supplemental (special) needs trust matters.

The Koldin Law Center handles the entire Medicaid application process for the client with the goal of preserving and protecting some or all of the family life savings from the costs of Nursing Home care.