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Preventing Spousal Impoverishment

The Medicaid financial eligibility rules differ in some important and favorable ways for married couples or couples who have a civil union. When a spouse, (also referred to as the “institutionalized spouse”) requires Medicaid to pay for nursing facility care, the law provides substantial financial protection for the other spouse who remains at home (often referred to as the “community spouse”). These special rules, called "spousal impoverishment prevention" provisions, were intended by Congress to prevent the impoverishment of spouses of frail or ill individuals who require institutional long term care. The attorneys at Dutton & Casey, P.C., can assit with all aspects of the Medicaid planning process.