Legal Question in Elder Law in Ohio

Re: Estate Assets Protection

The at-home spouse (your mother), may keep assets ranging between $17,856 and $89,280 depending on which state you live in. In Ohio she can keep $17,856 automatically. This does not include the house and car and a few other assets. In determining Medicaid eligibility, the couple's assets are evenly divided. The nursing home patient spends their half down to the state's criteria which in Ohio is $1,500. The only way mother can keep the maximum of $89,280 is if half of their assets are equal to or exceed the maximum of $89,280. If this is not the case, the at-home spouse will get to keep 50% of their assets. In your mother's case she can retain $29,000. The balance must be "spent down" on your father's nursing home care before he will be eligibile for medicaid.

This outcome can be avoided with proper planning, if done before nursing homecare is necessary.