Medicaid made Easy

Medicaid Planning for a Married Couple When One Spouse Enters a Nursing Home

When one spouse needs nursing home care and the other remains at home, Medicaid rules become more complex. Texas Medicaid includes special protections designed to prevent the spouse at home from being left without income or resources, but these protections must be applied correctly. Many married couples qualify for assistance even if they initially believe they have too much income or too many assets.

This page explains, in plain language, how Medicaid evaluates eligibility when one spouse enters a nursing home and what planning options may be available if your numbers are over the limits.

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If your finances fall within these ranges, Medicaid eligibility may be possible once the application and documentation are handled correctly.

If you are over one or more limits, that does not automatically mean you are disqualified. In most cases, it means proper Medicaid planning is needed.

Medicaid made Easy

Understanding the Income Rules

Medicaid focuses on the income of the spouse entering the nursing home. If that spouse’s monthly income is $2,982 or less, it is within the Medicaid income cap.

If the applicant spouse’s income exceeds $2,982, Texas allows the use of a Qualified Income Trust (also known as a Miller Trust). When structured properly, this trust directs excess income in a way that preserves Medicaid eligibility.

In addition, if the spouse remaining at home has limited income, Medicaid rules allow income to be allocated to that spouse to help meet basic living expenses, up to the Monthly Maintenance Needs Allowance of $4,066.50.

Medicaid made Easy

Understanding the Asset Rules

In a married couple situation, Medicaid evaluates combined countable assets, but special rules apply to protect the spouse remaining at home.

  • The spouse applying for Medicaid may generally keep $2,000 in countable assets.
  • The spouse at home may retain between $32,532 and $162,660, depending on total assets.

Certain assets are typically excluded, such as the primary residence, one vehicle, and personal belongings.

If your assets exceed the allowable amounts, Medicaid does not require everything to be spent. Approved planning strategies can often be used to protect assets while bringing the applicant spouse into compliance.

Additional Info

How We Can Help

Why Planning Matters: Timing and Penalties

For married couples where one spouse enters a nursing home, we commonly assist with:

  • Protecting assets for the community spouse

  • Structuring Qualified Income Trusts when income exceeds the cap

  • Allocating income to support the spouse at home

  • Designing compliant spend-down strategies

  • Avoiding penalties and unnecessary asset loss

  • Preparing and managing the Medicaid application process

The goal is to secure care for one spouse while preserving financial stability for the other.

What We Help Our Clients Do

For single individuals, we commonly assist with:

  • Setting up Qualified Income Trusts when income exceeds the cap

  • Designing compliant spend-down plans

  • Protecting allowable assets

  • Avoiding unintended penalties

  • Preparing and managing the Medicaid application process

The goal is simple: help you qualify while preserving as much financial stability as possible.

What is the Next Step?

Every married couple’s situation is unique, and small errors can result in unnecessary spend-down or delayed benefits. If one spouse is facing nursing home care, the smartest step is to have your income and assets reviewed under current Texas Medicaid rules.

Our team will evaluate your finances and timelines, then outline the planning options available to protect both spouses.

Request a consultation and let us help you move forward with clarity and confidence.

Reviews

Hear From Our Past Clients

Don’t just take our word, see what the people we’ve helped have to say.

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Randy Grosenbach
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Very helpful knowledgeable concering someone going into a Nursing home needing medicaid approval. They came highly recommended and now so will we highly recommend them.
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Rick Lewellyn
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We engaged Livens & Reed to create a Supplemental Needs Trust for our adult special needs daughter, to ensure her financial needs were met but also done in a way to not disqualify her for Texas Medicaid benefits she currently receives. Shawn Crawford was excellent, along with Caleigh and Angie: very thorough, explaining every aspect and legalese in layman's terms, in a timely manner and what we thought was a very reasonable fee. We also consulted with Chad Reed on our aging parent's needs and what steps we might follow to have them qualify for Medicaid, when the time and need arises. Very friendly, spent all the time we needed with us during our free consultation. Highly recommend this law firm for anyone considering Trusts, Medicaid qualifications, and elder care. Thank you Livens & Reed!
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The Killian Group
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Fantastic law firm for all your needs. They helped my family set up our estate and will. Thank you so much.
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Rick Sullivan
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Nicole did a fantastic job walking me through the Medicaid process for my mom. She answered all my questions with kindness & respect keeping all parties in mind that were involved with the process.
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Kelly Fincher
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Wished we called sooner! Recommend highly!!
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Nancy King
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The legal team at Livens & Reed has proved to be nothing short of exceptional. From Chad Reed, Nicole Landrum and finally, today, Shawn Crawford. Talking about a dream team, I feel very fortunate and comforted knowing I have the right people on my side. Thank you for your warmth and professionalism! It’s reassuring to know our legal needs are in great hands. If I could rate higher than 5 stars I absolutely would.
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Julie Robinson
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We were very satisfied. We were well take care of. They are very professional and did a great job for us.
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Erika Koneck
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I worked with Livens & Reed on a medicaid situation for my 93 year old mom. The paperwork, rules, timeline, can be stressful and intimidating at times, but Mehan Barbre & Nicole L. Harkins walked me through the paperwork, and doctuments that we needed and told me what to do and in the end sucess ! Thank you , again ! Erika Koneck

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