Is there any way I can prevent nursing home costs from wiping out my father’s savings?
Get Legal Help Today
Find the right lawyer for your legal issue.
Secured with SHA-256 Encryption
Mary Martin
Published Legal Expert
Mary Martin has been a legal writer and editor for over 20 years, responsible for ensuring that content is straightforward, correct, and helpful for the consumer. In addition, she worked on writing monthly newsletter columns for media, lawyers, and consumers. Ms. Martin also has experience with internal staff and HR operations. Mary was employed for almost 30 years by the nationwide legal publi...
Published Legal Expert
UPDATED: Jul 14, 2023
It’s all about you. We want to help you make the right legal decisions.
We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.
Editorial Guidelines: We are a free online resource for anyone interested in learning more about legal topics and insurance. Our goal is to be an objective, third-party resource for everything legal and insurance related. We update our site regularly, and all content is reviewed by experts.
UPDATED: Jul 14, 2023
It’s all about you. We want to help you make the right legal decisions.
We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.
On This Page
Someone has to pay the costs of a nursing home if your father requires one. One option is for your father to purchase long-term care insurance that will cover many nursing home costs for a specified period of time.
If your father doesn’t have health insurance and he has the assets to pay for a nursing home, then he has to pay those costs until his assets are depleted to a certain level. (This level includes provisions for a spouse.) When his assets are depleted, he will be eligible for government benefits to pay those costs instead.
Other ways to cover the costs of nursing homes
Your father can’t avoid this spend-down requirement by giving his savings to you or by making any kind of transfer of assets at less than market value. He can’t buy a house at twice its market value, for example, in order to transfer funds to a relative.
If he does transfer his savings and then needs to enter a nursing home within 5 years after the transfer, the federal government will refuse to pay nursing home costs for the period the money he gave away would have covered.
For example, if his estimated nursing home costs are $3,000 per month, and he gave you $150,000, he would be ineligible for benefits for 50 months after the date he moves in the nursing home.
Find the right lawyer for your legal issue.
Secured with SHA-256 Encryption
Staying in Nursing Homes Temporarily
Some people need to enter a nursing home for a temporary period and are then able to resume a more normal life. For them the spend-down requirement can be a burden, since they have few assets left to live on after they leave the nursing home.
Investing to Save for Nursing Homes
There may be ways your father’s savings could be invested or placed in a trust or annuity that would make it not count as income for purposes of government benefits.
For example, if the money came to your father monthly in a form of payment that did not count as income for government benefits or was below the amount allowed and if your father did not have access to the full amount, he might preserve his savings in the form of monthly income and still qualify for benefits.
Your father should get legal advice from a competent attorney on what is legal and what is not legal in this situation, since mistakes can have devastating results.
Case Studies: Nursing Home Cost Prevention Strategies
Case Study 1: John’s Savings Protection
John’s father faces the risk of nursing home costs depleting his savings. We explore how long-term care insurance can help safeguard his assets and the eligibility criteria for government benefits.
Case Study 2: Sarah’s Asset Transfer Dilemma
Sarah’s father considers transferring assets to mitigate nursing home costs. We analyze the repercussions of asset transfers and the resulting period of ineligibility for government benefits.
Case Study 3: Mark’s Temporary Nursing Home Stay
Mark requires temporary nursing home care and confronts the burden of the spend-down requirement. We delve into the challenges of limited assets upon leaving the nursing home.
Case Study 4: Investment Strategies for Sarah’s Father
Sarah’s father seeks investment options to preserve his savings and qualify for government benefits. We examine potential trusts or annuities that can exclude income for benefit purposes.
Find the right lawyer for your legal issue.
Secured with SHA-256 Encryption
Mary Martin
Published Legal Expert
Mary Martin has been a legal writer and editor for over 20 years, responsible for ensuring that content is straightforward, correct, and helpful for the consumer. In addition, she worked on writing monthly newsletter columns for media, lawyers, and consumers. Ms. Martin also has experience with internal staff and HR operations. Mary was employed for almost 30 years by the nationwide legal publi...
Published Legal Expert
Editorial Guidelines: We are a free online resource for anyone interested in learning more about legal topics and insurance. Our goal is to be an objective, third-party resource for everything legal and insurance related. We update our site regularly, and all content is reviewed by experts.