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Chapter 13. Medicaid > Estate Planning for the Community Spouse

Estate Planning for the Community Spouse

One of the first things you, the community spouse, should do is to review your own estate planning documents for necessary changes. It is common for a married person to name his or her spouse as the attorney-in-fact under a Durable Power of Attorney, health care agent under a Health Care Proxy and Executor under a will. If you have done that, you should have all these documents rewritten, removing your spouse from those designations.

In addition, you should have your will rewritten to achieve one of two purposes: to remove your spouse as a beneficiary or to shelter the assets going to your spouse. You do the latter through a special trust that will permit the funds to be used to supplement your spouse’s needs without affecting his or her continued Medicaid eligibility. If you do not take one of these steps and die before your spouse dies, assests would pass to your spouse and make him or her ineligible for Medicaid because of excessive assets.


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