Medi-Cal law provides the spouses of Medi-Cal applicants (usually called the "community spouse" or "well spouse") with a “community spouse resource allowance” (CSRA) to make sure the community spouse has the assets needed to continue to live in the community while their husband or wife (usually called the "ill spouse") is receiving long-term care benefits in a nursing home.
In 2015, in order for a Medi-Cal applicant to be eligible for Medi-Cal benefits in a nursing home; he or she may only keep a maximum of $2,000 in assets; and the community spouse may keep the couple’s total “countable” assets (also called "nonexempt assets") up to a maximum of $119,220. This amount is the community spouse resource allowance (CSRA), and this amount changes each and every each year. There are very specific situations where the community spouse is allowed to keep countable/nonexempt assets that exceed the CSRA, however, this can only be accomplished with a court order.
If you have any questions about whether a spouse or a loved one is eligible for Medi-Cal Long Term Care Benefits for care in a skilled nursing home, you should contact an elder law attorney who specializes in Medi-Cal Long Term Care Planning. Every person's situation is different and it is best to consult with an elder law attorney before you take any action (i.e transferring assets or gifting assets) in an attempt to get your spouse or loved one eligible for Medi-Cal.
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