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 Medicaid - What If This System Is Necessary One of the biggest problem areas is if one spouse must enter a nursing home and the other does not. What assets or income is the spouse who does not have to enter the nursing home entitled to keep? With respect to income, Medicaid does prescribe an amount of income per month the spouse may keep. This amount, however, is subject to modification and further definition by each state's laws. Thus, an elder law attorney or the Medicaid office in your state may be able to further assist in this area. Obviously, the spouse who is well will be permitted to keep some of the income each month for his/her living expenses. With respect to the assets of the family, including the home, most states also specify certain limitations in this area as well. Generalization here is not possible since the amounts vary wildly from state to state. You ought to consult an elder law attorney through your legal plan, if you are a member, for a full array of advice and options in this area. Remember that criminal penalties may result from a failure to comply with federal and/or state law in this area.
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