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Again, an eldercare attorney can help with this.
A long-term care "Partnership policy" is a special type of long-term care insurance that allows assets to be protected from Medicaid even after the long-term care insurance runs out of benefits.
1. Will check to see if his policy is "Partnership Policy." What does it mean anyway?
2. Yes. Our finances are separate. He has no possessions. Just his savings and LTC policy.
1) If your husband's long-term care insurance policy is a "Partnership Policy" then he can apply for Medicaid without spending all the savings.
2) Do you and your husband keep your assets "separate"? Even if they are separate in your view, Medicaid may not look at it that way. Medicaid counts the savings/assets of both spouses, not just the spouse who needs care?
I think you are missing the point the others are trying to make/ask. Medicaid does have a 5 yr look back on funds that are given away to others NOT what the person spends on themselves. If you are spending funds on your husband, that is not counted towards Medicaids look back. So if you are using the funds to pay for AL, that doesn't count towards the 5 yr look back. When the funds are depleted, and he needs to go to NH, you can apply for Medicaid. I hope this helps but if you are spending the funds taking care of him either at AL or in your own home, it won't stop you from applying for Medicaid. So in my opinion, keep him where you feel would be the most comfortable for you and him and enjoy the time you have.
The reason others are asking about Medicaid is that YOU made it a big part of your financial decision question. If your husband and you gifted money that will cause a transfer penalty within 5 years look back, then it's a problem. If the assisted living facility that he is at won't accept Medicaid by waiver, that's a problem. A lawyer in your area will be able to review his finances, perhaps come up with some creative ideas that will stretch the money farther, and leave you with some options as community spouse. My father-in-law was determined to keep mother-in-law at home. She refused to have home care and insisted that he be the one caring for her. If spouse needs exceed what the adult day care can provide, what then? If you get in-home night caregivers privately, what if no one shows up? That's what the other caregivers that responded to you were concerned about. Moving people in and out of assisted living is very disruptive and later stages will be more difficult to adjust. You can visit and take out spouse in assisted living to go to programs too - does the long term care reimburse directly to you or cover certain programs? Lots of questions. Your quality of life is important too.
Has your husband gifted funds to someone or made large financial contributions to someone or some institution, i.e., spent money on something other than his own living expenses or care?
THOSE are the things that Medicaid is looking back at--giving away a house, stocks, money. Not spending money on himself.
Getting clarity on this from the certified Eldercare attorney who understands Medicaid might be a very good use of HIS money right now.
I hope that you'll get some responses from some around here who know a lot about this. When, I had questions, I consulted with an Elder Law attorney who focuses on Medicaid issues. He was able to help me quite a bit. Have you gotten an expert's opinion and/or legal advice? I would likely do that, since so much is at stake.