We are often asked the question as to how much you or your spouse can have in IRA’s and 401k’s and still qualify for Medi-Cal. The Medi-Cal applicant, or the ill spouse, can have any amount of IRA’s, 401k’s etc. These are so-called “qualified funds.” The only requirement is that the Medi-Cal applicant must be receiving periodic payments of some amount of principal and interest from these funds. Once this established, these qualified funds are considered exempt by Medi-Cal for qualification.
If the applicant is married, the well spouse can have any amount of IRA’s, 401k’s, etc., and there are no qualifications for distributions. So the qualified funds of the well spouse are totally exempt.
In addition, after the Medi-Cal applicant dies, the “qualified funds” of both spouses, are also exempt from recoupment by the state. As a result, the state will not go after your IRAs and 401k’s when you die.
In one of our recent cases, the ill spouse had approximately $100,000 in IRAs. The well spouse had approximately $300,000 in IRAs. The ill spouse was accepted for Medi-Cal.
There is a “share of cost” which is an amount the ill spouse must pay to the nursing home from the applicant’s income. We will review those rules in other blogs.
This information is not to be taken as legal advice, and you are encouraged to see your elder law attorney. At the Law Offices of Michael J. Young, at 1931 San Miguel Dr., Ste. 220, Walnut Creek, CA www.WalnutCreekElderLaw, 925-256-0298, lawyoung1@gmail.com, we practice Elder Law and we help Baby Boomers, Seniors and families through their Elder Care Journey. We help families with long-term care planning, asset-protection plans, comprehensive estate planning, wills, trusts and powers of attorney. We also help the older client and their families get their “Ducks in a Row” in order help them qualify for Medi-Cal and the VA Aid & Attendance Improved Pension benefit.
