The current status of Illinois Department of Human Services policy allows a community spouse to not disclose separately held assets if those assets have been held separately longer than the allowed look-back period. Unfortunately, if this election is made, the community spouse would not be allowed to keep all of his separate assets above the community spouse asset allowance. There is a a Connecticut case which allows a community spouse the right to sign a refusal to support the institutionalized spouse with would allow the disabled spouse to qualify for Medicaid. The supporting statute for this allowance was 42 U.S.C. 1396r-5(c)(3)(A). Although this method has not yet been challenged in Illinois, there is good reason to believe that it would be allowed here as well. If you need in home care or nursing home assistance and want to know how you are going to pay for it, call
Law Office of Jonathan W. Cole
5013 W. 95th St.
Oak Lawn, IL 60453
(708) 529-7794
www.jwcolelaw.com
