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If The Applicant For Medicaid Has A Spouse, Must The Spouse’s Income And Assets Be Included?

The spouse is entitled to an income allowance of $2,898 and a resource allowance of between $74,820 and $115,920 depending on the circumstances. (2013 figures) The spouse is also entitled to keep the family home. Any income and resources above the spousal allowance might need to be spent towards the cost of care, but some or all can often be protected if the individual knows his/her legal rights.

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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.

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Practice Areas

Basic Estate Planning

Trust Planning

Medicaid Planning And MedicaidApplications

Planning For Individuals With Disabilities

Probate And EstateAdministration