Life guarnatee and Medicaid Eligibility

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In order to qualify for Medicaid coverage of your nursing home stay, your assets cannot exceed ,000 if you are single, or 1,540 if you are married. However, not all of your assets are "countable" for these purposes. The biggest exemptions are your home, your car, and your personal property.

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Another exemption is life guarnatee owned by you. The rule states that only the "cash surrender value" of a life guarnatee policy is countable, but only if the total face value of all life guarnatee policies on your life exceeds ,500. ("Cash surrender value" is the number the life guarnatee business will send you if you canceled the policy. It's also known as the "cash value." The "face value" is what the business would pay out to your beneficiaries if you died, assuming the policy was still in effect.)

So if you have a ,000 policy with cash value of 0, you can keep it and it will not count towards your ,000/1,540 limit.

What if you have a term policy with a face value of 0,000? It's wholly exempt since a term policy by definition has no cash value. Of course, you (or someone else house member) have to pay the excellent each year to keep it in force.

What should you do with existing policies? If you have an existing policy and your condition is not good, you may decide to keep the policy rather than cancel it. After all, you may be uninsurable, and if you keep the policy in force, your house members could benefit from the proceeds upon your death.

Assuming the total face values exceed ,500 and your countable assets put you over the limit to qualify for Medicaid, it could be a good idea to have your children buy the policy from you and keep it in supervene (by paying the each year premiums). You see, it's not who is insured or who is the beneficiary that matters---it's who is the owner of the policy. The thinking for this Medicaid rule is that the owner could naturally cash in the policy at any time, and thus it is counted the same as if you already did so. But if your child is the owner, you have no quality to cash in or cancel the policy, so it would no longer count against you.

Another selection is to assign the policy to a child, as a gift. This will cause a penalty period so in many cases this is not the best solution. However, as part of an thorough plan that includes other gifting, it could make sense.

Recently, some companies have advertised single pay, non-cancelable, no cash value "life insurance." The idea behind these policies is that if there is no cash value, the policy cannot count against you. They are set up with minimal underwriting (i.e., virtually every person is guaranteed to qualify to buy one), and the beneficiaries are commonly the children.

The question is that if you buy an asset over which you have no control---you cannot cancel it, cannot get your money back, cannot even turn the terms or the beneficiaries---the Medicaid department may well deem this to be a gift. If that's the case, you have not finished what you belief you had, i.e., converting cash to a non-countable form, so that you did not have to make a gift of the cash. Accordingly, I recommend my clients to stay away from this type of goods unless and until it has been proven to be sufficient as advertised.

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