.
        
Serving the legal needs
of Alabamians over 50
                                   
MEDICAID

I.             Qualifications for Single Person
A.        Income:
$2,022 or less per month in 2009
(Not relevant now because of Miller Trust)
B.         Miller Trust (or Medicaid Qualifying Income Trust):
Established for person in “Income Cap” state
Composed only of pension, Social Security and other income.
Established by competent patient or an agent with Durable        
Power of Attorney or Guardian/Conservator
Trustee pays income out of trust to patient for personal needs
($30/month), premiums
for health insurance, allotment to spouse if there is one, and
liability amount to nursing
home.
C.      Assets:
$2,000 or less in countable resources
$5,000 in burial assets plus prepayment for casket, vault, opening
& closing grave,
plot, and marker, less countable life insurance
One automobile
Personal property
Life estate in real estate  
Anything over these amounts may have to be spent for patient.

II.           Qualifications for Married Person with Spouse at Home
A.     Income – same as for single person.
(Note: Income of spouse at home does not count)
B.      Assets for spouse at home:
The greater of $25,000 or one-half of countable resources
(up to cap of $109,560 in 2009)   
Personal property in homeplace
Home place if spouse continues to use as primary residence
Burial assets of $5,000 or less plus prepayment for casket, vault,
opening & closing of  grave, plot, marker, less countable insurance
C.      Assets for spouse in nursing home
Same as for single person in I.C. above

III.        Transfer of Assets
A.        Basic Rule under the Current Law
Any person or his/her spouse who transfers assets for less than
fair market value any time during the 60 months prior to applying
for Medicaid benefits is disqualified for benefits for a certain
period of time as determined by the Medicaid Agency.
B.     Exceptions
There are exceptions to the transfer rule too numerous to
mention here.  An example is transferring assets to or for the
benefit of a disabled child.  You should seek competent legal
advice before you apply for Medicaid benefits.
256-536-9494
2306 Pansy Street SW
Huntsville, Alabama 35801