When one spouse applies for Medi-Cal, the state will look at the assets of both spouses for qualification of the ill spouse. As of January 1, 2018, the community spouse, also known as the “at-home” spouse, or the “well spouse”, may retain up to $123,600 in liquid assets. The ill spouse cannot have more than $2,000 in liquid assets in his or her name. The couple can also keep their home if the ill spouse confirms that he or she intends to return home. Assets held in revocable living trusts will be considered available, depending on the asset. Any non-exempt assets that the ill spouse has in his name, or jointly with his spouse, over the amount of $2,000, will be counted by Medi-Cal in determining eligibility. The state will want to know about all assets of both spouses, including savings, cash, stocks, etc. In addition, the cash surrender value of whole life insurance of the ill spouse cannot exceed $1500. If it does, you will want to transfer the excess cash to the well spouse. There is no ineligibility penalty for transfers between spouses. For Medi-Cal qualification, assets of the ill spouse are often transferred to the well spouse. Be sure that your revocable living trust and financial durable powers of attorney have the appropriate “transfer” and “gifting” language, in the event either of the spouses loses capacity. If incapacity sets in, and the appropriate language is not there, you may be prevented from making transfers or gifts.There are of course more rules and regulations to consider, and this article is not exhaustive on the subject. Contact our office so that we may help you plan for qualification for Medi-Cal.
Michael J. Young
Elder Law and Asset Protection Attorney
Medi-Cal Attorney Walnut Creek
1931 San Miguel Dr. Ste., 220
Walnut Creek, CA 94596
925-256-0298