Sitterley Law, LLC

How does Ohio Medicaid treat married couples’ finances?

2026-05-12T18:14:16Z

When one spouse requires long-term care later in life, financial concerns are common. Medicaid eligibility depends on meeting strict financial standards. In Ohio, people are subject to a review of their income and their countable assets. The state may look back five years to check for inappropriate gifts or transfers and may penalize those who need Medicaid to pay for a nursing home or similar support for prior financial choices. Older adults dealing with medical challenges or concerned about protecting themselves while also supporting an ailing spouse likely need the guidance of an elder law attorney to understand Medicaid eligibility rules and protect themselves financially.

Ohio has spousal impoverishment rules

The financial guidelines for Medicaid are different in cases where one spouse is healthy but the other has intensive support needs. The spouse who does not currently need care has the legal right to retain a certain portion of the couple’s shared assets, also known as the Community Spouse Resource Allowance (CSRA). They can also retain some of their monthly income without earmarking all of their resources to cover a spouse’s medical expenses. Depending on the nature of the shared assets, the spouse who does not currently need care can continue to own their share of countable assets. The total value of those assets could be anywhere from $32,532 to $162,660. The Minimum Monthly Maintenance Needs Allowance helps a healthier spouse continue paying for their own monthly expenses. In 2026, the amount that the healthier spouse can retain is between $2,643.75 and $4,066.50, depending on unique household details. Many people worry that they may face a drastic reduction in their standard of living or a demand to exhaust their resources completely when their spouse needs an in-home health aide or a room in a nursing home. Thankfully, healthy spouses trying to do the right thing for ailing spouses have protection under Ohio state law. Older couples can take steps to qualify an ailing spouse for Medicaid while the other spouse still maintains a reasonable standard of living. For many couples, working with an elder law attorney as soon as possible after support needs change can be helpful. Lawyers can develop unique strategies to maximize the countable assets and monthly income that the healthy spouse can retain. They can also help reduce the likelihood of a penalty that could delay the Medicaid coverage for the spouse in need of support. Reviewing financial records and medical concerns at length with a skilled legal team can help those concerned about Medicaid eligibility navigate what can be a complicated system. Legal guidance from an elder law attorney can make a profound difference for those hoping to ensure their financial stability when a spouse requires intensive support.

Jennifer Sitterley Named In The Best Lawyers In America® 2024 In Trusts And Estates And Elder Law

2023-12-08T06:32:41Z

Lancaster, Ohio – Sitterley Law, LLC (Sitterley Law) is pleased to announce that Jennifer Sitterley, certified elder law attorney, has been named among The Best Lawyers in America® 2024 in two categories: Trusts and Estates and Elder Law. The recognition ranks Sitterley among the top five percent of attorneys nationwide. Best Lawyer recognition is based entirely on peer review and is designed to capture the consensus opinion of leading lawyers about the professional abilities of their colleagues within the same geographical and legal practice areas. “Sitterley Law is dedicated to providing customized, flexible, accessible elder law services to the Fairfield County community,” said Jennifer Sitterley, certified elder law attorney. “It is an honor to be recognized by my peers for my work in the complex issues that impact older adults and their loved ones.” Headquartered in Lancaster, Ohio, Sitterley Law was founded in 2019 to offer thorough and flexible services for individuals and families seeking no-nonsense estate planning and asset protection services. Jennifer H. Sitterley is certified in elder law through the National Elder Law Foundation (NELF) and the Ohio State Bar Association (OSBA). Locally, she is the past President of the Fairfield County Bar Association. She was named as a 2019 & 2020 Rising Star by Super Lawyers, and 2022 & 2023 Best Lawyer in America in Trusts & Estates. In 2018, Jennifer became one of only 38 Certified Elder Law Attorneys (CELAs) in Ohio, recognized by the National Elder Law Foundation and one of only 26 Specialists in Elder Law by the Ohio State Bar Association. She is currently the only NELF/OSBA certified elder law attorney headquartered in Fairfield County. For more information about the Best Lawyer designation, visit www.bestlawyers.com. Individuals interested in learning more about Sitterley Law are encouraged to call 740-681-1765 or visit www.sitterleylaw.com. About Sitterley Law, LLC Sitterley Law, LLC is an estate planning and asset protection firm located in Lancaster, Ohio. Founder Jennifer H. Sitterley is elder law certified through the National Elder Law Foundation (NELF) and the Ohio State Bar Association (OSBA) to provide a wide array of services including estate planning, wills and trusts, probate, special needs, guardianships, asset protection, and long-term care planning. For more information about Sitterley Law, LLC, visit www.sitterleylaw.com or call 740-681-1765.

Important Reminders From National Elder Law Month

2023-11-22T09:38:59Z

By Jennifer Sitterley For many, legal planning may feel intimidating. In reality, creating a plan on your terms for your legacy is one of the most empowering things that adults of any age can do to protect their wishes and their family’s peace during health decline or death. The month of May is designated as Elder Law Month by the National Academy of Elder Law Attorneys (NAELA). This annual observance is a great reminder to embrace estate planning and the peace of mind it can bring to families. Elder law is an area of legal practice that focuses on complex issues that impact older adults and their loved ones. This area includes estate planning, asset protection, long-term care planning, probate administration, trust administration, and guardianships. Estate planning represents an individual or couple’s unique story and the legacy they wish to create. It is incredibly important to consult with qualified, trustworthy legal professionals experienced in elder law to help protect these wishes in the most effective way. Early planning also provides peace of mind and empowers older adults to have control over their affairs, even during times of incapacity. Certified Elder Law Attorney (CELA) is a designation from the National Elder Law Foundation (NELF), which is the only national organization permitted by the American Bar Association to certify practitioners in the practice areas of Elder and Special Needs Law. There are approximately 500 CELAs in the United States and only a few dozen with the CELA credential practicing in Ohio. These professionals can offer affordable and flexible estate planning and asset protection services to ensure the creation of a comprehensive legal plan that meets their unique needs and circumstances. These professionals are also guaranteed to be in good standing with their Bar Associations, are peer-review and nominated, and uphold the highest ethical standards in their practice. Legal documents like wills and trusts outline how assets will be distributed after death. Wills specify who will inherit assets under court administration, while trusts provide more detailed instructions on how assets will be managed and distributed, often with the goal of minimizing potential estate taxes and avoiding probate. Designating a power of attorney grants a specific person the legal power to make financial and healthcare decisions for another if they become incapacitated. Advance directives are legal documents that outline medical treatment preferences and end-of-life care wishes. An elder law attorney can also provide legal representation in a guardianship or conservatorship hearing, which involves appointing someone to manage the affairs of an elderly person who is unable to make decisions for themselves due to incapacity or disability. Additionally, knowledge about government benefits such as social security and Veterans’ benefits as well as issues like Medicare and long-term care planning can provide guidance when navigating the complexities of the system and handling any potential hurdles or state-specific rules and regulations. Planning for the future helps ensure older adults can obtain the best quality of life and protect their independence while preserving family assets for as long as possible. During Elder Law month, we celebrate the work being done to advise and protect older adults and their loved ones to ensure all needs are met as they continue to progress through life. Jennifer H. Sitterley, founder of Sitterley Law, LLC, is elder law certified through the National Elder Law Foundation (NELF) and the Ohio State Bar Association (OSBA) to provide a wide array of services including estate planning, wills and trusts, probate, special needs, guardianships, asset protection, and long-term care planning. Learn more about Sitterley Law at www.sitterleylaw.com.

Secure Act

2023-11-22T09:39:30Z

Effective 2020 For retirement accounts (traditional IRAs, ROTHIRAs and 401k’s), the Secure Act requires that most beneficiaries pay income tax on inherited funds within 10 years of the date of death of the original owner. Some exceptions apply for EDBs (Eligible Designated Beneficiaries), which include the following:

surviving spouse,
disabled beneficiary,
minor child of IRA owner, or
a beneficiary less than 10 years younger than the decedent.

Protect Your Assets With Elder Law Planning

2023-11-22T09:39:10Z

The U.S. Census Bureau recently released updated figures showing that more than a third of adults over 65 years old are currently considered to have a disability. Did you know that in addition to traditional estate planning, elder law planning can help provide you with options to protect your assets from the risk of long-term care expenses, regardless of your marital status, health care needs, or “look back” period? For more information, please click on the RESOURCES tab on our website, or call us at [nap_phone id="LOCAL-CT-NUMBER-3"]. Statistics and Demographics of Older Americans

Welcome To Our Blog

2022-09-20T05:35:50Z

We established this blog to share stories and information about topics relevant to our practice. Our intent is to regularly provide posts highlighting legal issues of local, state and national interest that we think you will find interesting. Check back later for updates.