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The Long-Term-Care Puzzle Gets Tougher
( Page 3 of 3 )

May 2006

If you’re single and your home equity exceeds the ceiling, you can use the equity to pay for care by selling the property, borrowing against the equity or using a reverse mortgage. Even if you’re married and your spouse needs long-term care, taking out a reverse mortgage may be a good option if you don’t want to touch your retirement portfolio. Reverse mortgages allow homeowners age 62 and older to receive a portion of the equity in a lump sum, monthly installments or a line of credit; no repayment is due until you move, die or sell the house.

There are limits to the amount you can tap— $172,632 in rural areas and $312,896 in cities—but that should get your spouse through several years of care. Peter Bell, president of the National Reverse Mortgage Lenders Association, suggests using a reverse mortgage for home-health services instead of nursing-home care. You can use the money to pay for home aides, ramps, or renovations to make a bathroom or kitchen more accessible.

Consider an irrevocable trust. If you and your spouse are relatively healthy and it’s unlikely that you’ll need care for at least five years, you could set up an asset-protection trust. Let’s say you and your spouse have $450,000 in an investment portfolio.

You could place $200,000 in the trust for your children, for example. If in the sixth year one of you enters a nursing home, the spouse at home could keep about $100,000, and the other $150,000 outside the trust would pay for long-term care. Once the $150,000 is depleted, the money inside the trust is protected, no matter how long the care lasts. But because the trust is irrevocable, neither you nor your spouse can touch the principal, although you can get income. And if you need nursing-home care before the five-year lookback period is over, the money in the trust will be considered transferred assets that will trigger the penalty period.

Purchase an annuity. If a spouse goes into a nursing home, the stay-at-home spouse can buy a special type of irrevocable immediate annuity that, in most states, is not considered a transfer for purposes of Medicaid eligibility. As an example, a couple has $200,000 and the husband goes into a nursing home. The wife could buy a $100,000 annuity (she can keep the other $100,000), and her husband would become eligible for Medicaid.

A single person with $100,000 could also buy a Medicaid-exempt annuity with a set payout period, says John Campbell, a lawyer in Denver. Under the new law, he or she would be required to name the state as beneficiary. If he or she later goes into a nursing home and then dies, Medicaid can claim what’s left in the annuity up to the amount it paid for care.

Reconsider gift giving. The new law is not intended to penalize individuals who give gifts without intending to skirt the Medicaid law. Still, proving your good intentions might be difficult if you give too much away. For example, if you give $25,000 to each of your three grandchildren to pay for college and then need nursing-home care two years from now, those gifts may reduce your chances of receiving Medicaid even after spending down your other assets on care. So make sure that you have enough money to pay for several years of long-term care before making big gifts to relatives and charities.

The new law goes into effect automatically in some states, but other states will have to vote on how to proceed. Regardless, any transfers made before February 8 are not subject to the change in law.


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