Am I Eligible?
Medical eligibility depends on financial need. To apply for Medicaid, your income and assets must be below limits set by the government.
To prove you are eligible for Medicaid, our team can help you legally restructure your resources. Below, we explain what types of assets the government looks at when determining your eligibility for Medicaid.
The government looks at your assets and the assets of your spouse that live with you. If you're married, there are special rules that apply when only you or your spouse enter or live in a nursing home.
"Unavailable" assets are not counted toward your limit because you either don't have the legal right to use or dispose of the asset or the asset can't be sold in the current market. Our Medicaid attorney can help you provide evidence that an asset is unsalable. To prove that an asset can't be used toward your limit, you'll need to obtain statements from two different reputable sources.
If you own real estate, you must attempt to sell the property at a price not more than its fair market value. If you receive no reasonable offers within 90 days, our attorney will be able to help you apply for Medicaid. Keep in mind that joint property may be considered "unavailable" if you can prove the other owner refuses to sell.
"Unavailable" assets are not counted toward your limit because you either don't have the legal right to use or dispose of the asset or the asset can't be sold in the current market. Our Medicaid attorney can help you provide evidence that an asset is unsalable. To prove that an asset can't be used toward your limit, you'll need to obtain statements from two different reputable sources.
If you own real estate, you must attempt to sell the property at a price not more than its fair market value. If you receive no reasonable offers within 90 days, our attorney will be able to help you apply for Medicaid. Keep in mind that joint property may be considered "unavailable" if you can prove the other owner refuses to sell.
Any jointly-owned countable cash assets are counted toward your limit. The only exception would be if you can prove that a portion of the funds belong to the other owner. In this situation, you and the other owner's share is the amount both parties own. If you have assets with equity value, you and the other joint owner are considered to have an equal share unless the document of ownership says otherwise.
For jointly-owned real estate, including property held as joint tenants with full rights of survivorship, the applicant's interest in the property is considered an available resource unless the sale of the property would cause an undue hardship to another co-owner. Undue hardship means that the co-owner uses the property as his or her primary residence and would have to move if the property was sold.
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