Do I Have to Sell or Liquidate All of My Assets to Qualify for Medicaid?
by: Legal Hotline for Older Iowans
There are a number of different Medicaid programs that can assist elderly or disabled Iowans pay medical bills, home health care expenses and nursing home expenses. Most programs require that your total assets or “resources” be below certain levels in order to qualify. A number of assets or resources, however, are “exempt” and are not included in determining whether you qualify. These exempt assets and resources commonly include the following:
Homestead. Your homestead is exempt as a resource as long as you or your spouse use it as a principal residence. Temporary absences, such as for trips, visits or hospitalization or nursing home stays, do not cause a loss of the exemption as long as you intend to return to your home. Absences longer than six months, however, may not be considered temporary. If you sell your home, the proceeds are exempt for up to three months as long as you intend to purchase another homestead.
Vehicles. One vehicle is exempt, regardless of value, if it is needed for purposes such as employment or performing essential daily activities such as shopping, obtaining medical treatment, or picking up prescription medications. If a vehicle is not required for the above purposes, one vehicle in which you have equity up to $4,500 is still exempt.
Household Goods. Household goods and personal effects are exempt up to an equity value of $2,000.
Burial Accounts, Trusts, Contracts, or Insurance Policies. There are two ways for funds set aside for burial expenses to be exempt for Medicaid eligibility purposes. Note that you can take advantage of one or the other of these options, but not both. First, you can simply earmark for burial up to $1,500 in either a savings account or the cash value of a life insurance policy you own. These funds must be in an account separate from other monies. Alternatively, you can establish a Burial Trust, Burial Contract or Burial Insurance Policy. To do this, you must typically set up a contractual relationship with a specific funeral home or bank. The funds in the contract, trust or insurance policy must be irrevocable and cannot be accessible by you.
Burial Spaces and Markers. Burial spaces, including crypts, vaults, grave sites and headstones or markers, owned by you for your use or the use of any member of your immediate family are exempt.
Life Insurance. If the face values of all your life insurance policies total less than $1,500, the cash surrender value of the policies is exempt; otherwise, the cash value is included as a resource. Note that term insurance has no cash value and is not included as a resource no matter what the amount. Also, accumulated dividends are counted as a resource even if the face value is less than $1,500. Consult your insurance agent to help determine the type and details of your life insurance policies.
Property Used for Employment and Self Employment. Property used for employment and self-employment is exempt. This includes the real estate, inventory, and equipment used in a business. For example, if you are a farmer, you may exclude your livestock, tractor, combine, trucks and even a portion of the farm bank account as long as all are necessary for running the farm business.
This is a partial list of exempt property. There may be other property or resources that you can exclude. Also, there are exceptions to excluding some of the above resources. For example, resources such as a home, a vehicle or property used for self-employment may not be excluded if you become a permanent resident of a nursing home or other care facility. In addition to financial eligibility for Medicaid, there are many rules regarding transferring assets and eligibility for Medicaid. The rules regarding eligibility for Medicaid are often complex and confusing. You may call the Legal Hotline for Older Iowans at 1-800-992-8161 if you have questions or would like more information concerning Medicaid eligibility.
Last Reviewed On: 01/30/12
READ THIS BEFORE USING ANY PART OF THE IOWA LEGAL AID WEBSITE (ILAW) If you cannot afford a lawyer and have a legal problem in Iowa, you may be able to get free legal help. Call Iowa Legal Aid. To find out which office serves your county, call 1-800-532-1275 or 515-243-2151 in the Des Moines calling area. If you are age 60 or over, you may be able to get free legal advice from The Legal Hotline for Older Iowans at 1-800-992-8161 or 282-8161 in Des Moines. All numbers are Voice and TTY. Assistance in appealing denial of veterans benefits are also offered at no cost by county commission of veteran affairs offices as maintained pursuant to section 35B.6.
This Website Does NOT Give Legal Advice. When you use ILAW, you are just making a request for information. No part of this site or any link found through this site is meant to give you legal advice. Using any part of this site does not make you a client. If you send an e-mail to anyone you reach through this site, it does not make you a client of any lawyer. See a lawyer to get complete, correct, and up-to-date legal advice.
ILAW Only Has a General Summary of the Law. It is not meant to fully explain topics. Do not assume what you read on ILAW applies to your specific case. Also, the law may vary from state to state. What you find on this website may not apply where you live or to court actions filed in other states.
The Law Often Changes. Content on this site was correct when it was written. Check the date on each page. Do not assume what you see here is still correct when you read it.
Links. This website has links to other Internet sites. We have these links so you can find help on legal matters from the justice community. Other sites are responsible for all content on their sites.
E-mail. Using ILAW or sending e-mail through this website does NOT make you a client of any person or program you reach through this site. When you use e-mail, you risk having someone else access part or all of your message.
As You Look at this Website, Remember it is Not a Substitute for Legal Advice.
Iowa Legal Aid's goal is to communicate effectively with our clients. We can use large print, Relay Iowa, language translation service, or other steps for effective communication. Interpretation and translation services and reasonable accommodations will be provided at no cost to qualified applicants. Please let us know if any special service is needed to provide legal help to you.
The Iowa Legal Aid Website is a project of Iowa Legal Aid, the Volunteer Lawyer Projects of the Iowa State Bar and Polk County Bar Associations and HELP Legal Assistance.