Skip to content
  • Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer

Unsworth LaPlante, PLLC

Vermont Estate Planning Attorneys

Attend A Free Webinar Call: (802) 879-7133
  • Home
  • Our Firm
    • About Our Firm
    • Meet Our Team
  • Services
    • Estate Planning
    • Incapacity Planning
    • Long-Term Care Planning and Elder Law
    • Pet Planning
    • Special Needs Planning
    • Trust Administration
    • Young Families Planning
  • Resources
    • Articles
    • Elder Law Reports
    • Elder Law Resources
      • Burlington
      • Montpelier
      • Rutland
      • St. Johnsbury
      • White River Junction
    • Estate And Gift Tax Figures
    • Free Estate Planning Worksheet
    • Frequently Asked Questions
      • Alzheimer’s FAQs
      • Elder Law
        • In-Home Elder Care
        • Medicaid
        • Planning for Long-Term Care
      • Estate Planning
        • Business Succession Planning
        • Estate and Gift Tax
        • Estate Planning for Blended Families FAQ
        • Estate Planning for Parents
        • FAQs for Families Without an Estate Plan
        • LGBTQ Estate Planning
        • Taxes on Inheritances in Vermont
      • Incapacity Planning
      • Inheritance Planning for Minor Children
      • IRA & Retirement Planning
      • Gift, Estate, and Inheritance Taxes
      • Legacy Wealth Planning
      • Philanthropy and Estate Planning
      • Pet Planning
      • Revocable Living Trust
      • Special Needs Planning
      • Trust Administration
      • Trusts
      • Vermont Caregiver FAQs
      • Wills
    • Is Your Estate Plan Outdated?
    • Long-Term Care Planning and Medicaid Resources
      • Long-Term Care Planning Analysis
      • Vermont Medicaid
    • Reports
      • Advanced Estate Planning
      • Basic Estate Planning
      • Estate Planning for Niches
    • Top Estate Planning Techniques
  • Blog
  • Contact Us
    • Contact Our Firm
    • Consultation Resources
    • Pre-Consultation Video
Home Âğ A Look at Medicaid Community Spouse Provisions

A Look at Medicaid Community Spouse Provisions

August 28, 2019 by Ellen LaPlante

Elder Law AttorneysBefore we get to the specific focus of this pointed post, we have to provide some background information so you know why any of this should matter to you.

If you have never been financially needy, and you will qualify for Medicare when you reach the age of 65, you may wonder why Medicaid is relevant to you in any way. After all, you will already have health insurance, and you wouldn’t qualify for the program anyway, because you are going to retire with a sufficient store of financial resources.

This makes total sense on the surface, but there is a very good reason why a significant percentage of elders seek Medicaid eligibility late in their lives.

Living Assistance

It is difficult to imagine a time when you will need help with your activities of daily living. Of course, you may have found it hard to envision yourself driving a car someday when you were five years old. Until you have had a certain experience, it can seem completely alien to you, but the fact is that most elders will eventually need some form of living assistance.

The figure is about seven out of every 10 people that are old enough to collect Social Security, and this percentage rises as you start to enter the ranks of the “oldest old.” Right around 35% of elders will ultimately spend time in nursing homes.

Medicare Gap

Since Medicare exists in large part to cover the health care needs of senior citizens, and most elders will need living assistance eventually, it would be natural to assume that Medicare will pay for it. Many people would say that it makes no sense, but in fact, you cannot rely on Medicare to help with long-term care costs.

This is a very big deal, because nursing homes are extremely expensive. At the time of this writing, you can expect to pay about $140,000 annually for a private room in an Albany area nursing home. The average length of stay is one year, and of course, people sometimes stay longer. Plus, if you are married, your family can potentially face two separate rounds of long-term care costs.

The Medicaid Solution

Now that we have set the stage appropriately, we can get to the point of this blog post. The reason why many seniors that qualify for Medicare ultimately seek Medicaid eligibility is because it will pay for a stay in a long-term care facility. However, because it is intended for people with sparse resources, there is a $15,150 limit on countable assets.

The word “countable” is operative, because there are things that you own that are not part of the equation when Medicaid is evaluating your eligibility status. If you are a homeowner, your property is not counted, but there is an equity limit of $878,00 in New York in 2019.

One vehicle that is used as a primary source of transportation is not counted, and you can keep your personal belongings and household effects. If you have any heirloom jewelry, it would not be counted, and you can maintain ownership of your wedding ring and your engagement ring.

Unlimited term life insurance, which is life insurance with no cash value, is exempt, along with as much as $1500 worth of whole life insurance. The same amount can be set aside for final expenses.

The Community Spouse

In many cases, an elder that is married will require nursing home care while their spouse is still capable of independent living. Under these circumstances, the healthy spouse, which is called the community spouse in Medicaid parlance, can retain a certain store of assets.

As we touched upon above, there is an asset limit when it comes to home ownership. This is completely waived when a healthy spouse is remaining in the place of residence.

The independent spouse is also entitled to a Community Spouse Resource Allowance. This equates to half of the shared countable assets, but there is a limit. In the state of New York, the maximum allowance is $126,420 during the current calendar year, and the minimum is $74,820.

When someone is accepted into the program, their income must be used to defray the cost of the care that is being received, with one exception. If a community spouse is depending on the income, he or she can receive a Monthly Maintenance Needs Allowance. Right now, the maximum allowance is $3161, and this is also the minimum in the Empire State.

Attend a Free Seminar!

Our elder law attorneys are holding a series of workshops over the coming weeks, and you can learn a lot if you attend one of the sessions. There is no admission charge at all, and you can get all the details if you visit our estate planning and elder law seminar page.

  • Author
  • Recent Posts
Ellen LaPlante
Ellen LaPlante
Ellen LaPlante is an attorney whose mission is to provide clients with guidance in Estate Planning, Elder Law, and Medicaid Preparation. She is licensed in Vermont and New York. Ellen helps clients put together unique estate plans, including assistance with Trusts, Wills, Powers of Attorney, and Advance Directives. She also works with clients on Medicaid Planning and qualifying for Medicaid assistance Read More!
Ellen LaPlante
Latest posts by Ellen LaPlante (see all)
  • Young Families Estate Planning in Vermont - May 5, 2026
  • 8 Vermont Medicaid Myths Seniors Need to Understand - April 30, 2026
  • Things to Consider If Someone in Your Estate Plan Is Not a U.S. Citizen - April 23, 2026

Filed Under: Uncategorized Tagged With: Elder Law, medicaid planning, community spouse resource allowance

Other Articles You May Find Useful

Unsworth LaPlante, PLLC
Medicaid Long-Term Care Plans and Asset Protection Basics
Unsworth LaPlante, PLLC
Power of Attorney in Vermont: What Families Should Know
Unsworth LaPlante, PLLC
What Happens If Your Healthcare Agent Cannot Serve When Needed?
Unsworth LaPlante, PLLC
Trust Administration Attorney: Keeping Beneficiaries Informed
Unsworth LaPlante, PLLC
Questions Families Should Ask Before Naming a Trustee for a Special Needs Trust
Unsworth LaPlante, PLLC
Should You Leave Written Instructions Alongside Your Estate Plan?

Primary Sidebar

Elder Law and Medicaid Planning Attorneys

Unsworth LaPlante, PLC

Follow Us

  • Facebook
  • Instagram
  • LinkedIn
  • Twitter
  • YouTube

Blog Subscription

Sign up to Unsworth LaPlante's estate planning blog to receive all the latest news and updates.

Essex Junction, VT

26 Railroad Ave
Essex Junction, VT 05452
United States (US)
Phone: (802) 879-7133
Fax: (802) 879-0408

Map

unsworth_sidbr_map

Office Hours

Monday8:00 AM - 4:00 PM
Tuesday8:00 AM - 4:00 PM
Wednesday8:00 AM - 4:00 PM
Thursday8:00 AM - 4:00 PM

Footer

footer-logo

Providing personalized legal guidance to help families plan, protect, and prepare for the future.

  • Facebook
  • Instagram
  • LinkedIn
  • Twitter
  • YouTube

Who We Are

  • About Us
  • Our Team

Estate Planning

  • Estate planning
  • incapacity planning
  • Pet Planning
  • special needs planning
  • trust administration
  • Young Families Planning
  • Long-Term Care Planning and Elder Law

Resources

  • Articles
  • Elder Law reports
  • Estate Planning reports
  • Estate & gift tax figures
  • Free Estate Planning Worksheet

Business Hours

Monday8:00 AM - 4:00 PM
Tuesday8:00 AM - 4:00 PM
Wednesday8:00 AM - 4:00 PM
Thursday8:00 AM - 4:00 PM

Location

Unsworth Map Image

Unsworth LaPlante, PLLC

26 Railroad Ave
Essex Junction, VT 05452
United States (US)
Phone: (802) 879-7133
Fax: (802) 879-0408

The information on this Vermont Attorneys & Lawyers / Law Firm website is for general information purposes only. Nothing on this or associated pages, documents, comments, answers, emails, or other communications should be taken as legal advice for any individual case or situation. This information on this website is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship.

Copyright © 2026 American Academy of Estate Planning Attorneys | All Rights Reserved
DisclaimerPrivacy PolicyContact UsSitemap