Medicaid Planning for a Married Couple When Both Spouses Enter a Nursing Home
When both spouses require nursing home care, Medicaid eligibility is evaluated differently than when one spouse remains at home. While fewer asset protections apply in this situation, many married couples still qualify for assistance with proper planning. Understanding how income and assets are treated is essential to avoiding delays or unnecessary financial loss.
This page explains, in plain language, how Texas Medicaid evaluates eligibility when both spouses enter a nursing home and what options may exist if your finances exceed the limits.
Do We Qualify for Medicaid as a Married Couple?
Texas Medicaid looks at 2 things:
- Each spouse’s monthly income individually
- The couple’s combined countable assets
If both spouses fall within these limits, Medicaid eligibility may be possible once the application and documentation are completed correctly.
If either spouse is over the income cap or the couple’s assets exceed the limit, it does not automatically mean Medicaid is unavailable. It means planning is required.
Understanding the Income Rules
When both spouses are in a nursing home, Medicaid applies the income cap to each spouse separately. If a spouse’s monthly income is $2,982 or less, that spouse is within the income limit.
If either spouse earns more than $2,982, a Qualified Income Trust (also known as a Miller Trust) may be used for that spouse. Each spouse with excess income must have their own trust structured correctly to preserve eligibility.
Understanding the Asset Rules
When both spouses enter a nursing home, Medicaid allows the couple to retain a combined total of:
$3,000 in countable assets
Countable assets may include bank accounts, investments, and non-exempt property. Certain assets, such as a primary residence (subject to Medicaid rules), one vehicle, and personal belongings, may still be excluded.
If assets exceed the allowable amount, Medicaid permits approved spend-down strategies. These strategies must be carefully planned to avoid penalties and ensure eligibility is not delayed.
How We Can Help
Why Planning Matters: Timing and Penalties
Medicaid reviews asset transfers made prior to an application. Improper transfers or gifts can result in penalty periods during which Medicaid will not pay for care, even when financial limits are met.
Because both spouses require care, penalties can result in significant uncovered nursing home costs. Proper timing and legal planning are critical.
Our role is to guide you through:
What assets must be spent down
What assets may be preserved
What transfers should be avoided
When each step should take place
What We Help Our Clients Do
For married couples where both spouses enter a nursing home, we commonly assist with:
Structuring Qualified Income Trusts for one or both spouses
Designing compliant spend-down plans
Avoiding Medicaid penalties
Preserving exempt assets where possible
Preparing and managing the Medicaid application process
The goal is to secure coverage for both spouses while minimizing unnecessary financial loss.
What is the Next Step?
When both spouses require nursing home care, the financial stakes are high and the rules are unforgiving. Even small mistakes can result in significant delays or uncovered expenses.
Our team will review your income, assets, and timing, then outline the options available under Texas Medicaid rules.
Request a consultation and let us help you move forward with clarity and confidence.
Hear From Our Past Clients
Don’t just take our word, see what the people we’ve helped have to say.
Posted on Randy GrosenbachTrustindex verifies that the original source of the review is Google. 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.Posted on Rick LewellynTrustindex verifies that the original source of the review is Google. 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!Posted on The Killian GroupTrustindex verifies that the original source of the review is Google. Fantastic law firm for all your needs. They helped my family set up our estate and will. Thank you so much.Posted on Rick SullivanTrustindex verifies that the original source of the review is Google. 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.Posted on Kelly FincherTrustindex verifies that the original source of the review is Google. Wished we called sooner! Recommend highly!!Posted on Nancy KingTrustindex verifies that the original source of the review is Google. 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.Posted on Julie RobinsonTrustindex verifies that the original source of the review is Google. We were very satisfied. We were well take care of. They are very professional and did a great job for us.Posted on Erika KoneckTrustindex verifies that the original source of the review is Google. 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