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Spousal Impoverishment Georgia Medicaid: Protecting the At-Home Spouse

Spousal Impoverishment Georgia Medicaid: Protecting the At-Home Spouse

Your father needs nursing home care and your mother is terrified she'll lose everything -- the house, the savings, the car. She's heard stories about Medicaid "taking it all" and she's not wrong to worry. But federal spousal impoverishment protections exist specifically to prevent the at-home spouse from being impoverished to pay for the other spouse's care.

In Georgia, these protections allow the community spouse to keep a significant portion of the couple's assets and income. Understanding the exact numbers -- and the strategies that maximize them -- can mean the difference between financial security and poverty.

The Community Spouse Resource Allowance (CSRA)

When one spouse applies for nursing home Medicaid or the CCSP waiver, the couple's total countable assets are tallied as of the "snapshot date" -- the first day of the first month of continuous institutionalization (usually the nursing home admission date or the first day of a 30+ day hospital stay).

From that snapshot, the community spouse is entitled to keep the greater of:

  • 50% of the couple's total countable assets, or
  • The minimum CSRA of $32,530

Either way, the maximum CSRA is capped at $162,660 for 2026.

Everything above the CSRA must be spent down to qualify the applicant spouse. Everything below the CSRA belongs to the community spouse and cannot be touched by Medicaid.

Example: A couple has $280,000 in countable assets on the snapshot date. 50% is $140,000, which falls within the $162,660 cap. The community spouse keeps $140,000. The remaining $140,000 must be spent down to $2,000 (the applicant's individual limit) before the applicant qualifies.

Example: A couple has $400,000 in countable assets. 50% is $200,000, but the cap applies -- the community spouse keeps $162,660. The remaining $237,340 must be spent down.

The Monthly Maintenance Needs Allowance (MMNA)

After the applicant spouse is approved for Medicaid, their income is used to calculate their "patient liability" -- the monthly amount they pay to the nursing facility. But before that calculation happens, the community spouse can claim a Monthly Maintenance Needs Allowance.

The MMNA in Georgia is up to $4,066.50 per month for 2026. If the community spouse's own income (Social Security, pension, etc.) falls below this floor, income can be diverted from the Medicaid recipient's check to bring the at-home spouse up to the minimum.

How it works: Your mother receives $1,200/month in Social Security. The MMNA floor is $4,066.50. The shortfall is $2,866.50. That amount is deducted from your father's income before calculating his patient liability to the nursing home.

The minimum MMNA is $2,177.50 per month (2026). If the community spouse's income exceeds $4,066.50, no income diversion is available -- but the community spouse keeps all of their own income regardless.

The Family Home Is Protected

The primary residence is exempt from Medicaid's asset count as long as:

  • The community spouse continues to live there, OR
  • A dependent relative lives there, OR
  • The applicant intends to return home (even if this is unlikely)

Medicaid cannot force the community spouse out of the family home. The home also doesn't count toward the CSRA calculation -- it's exempt on top of the $162,660 asset allowance.

After the Medicaid recipient dies, the home may be subject to estate recovery through the Medicaid Estate Recovery Program (MERP). But Georgia limits recovery to the probate estate, and the home passes outside probate if it's held in joint tenancy with right of survivorship, in a revocable living trust, or under an enhanced life estate (Lady Bird) deed.

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CCSP Waiver Spousal Protections

The spousal protections described above apply to both nursing home Medicaid and the CCSP waiver program. If your parent receives home and community-based services through CCSP, the community spouse receives the same CSRA and MMNA protections.

One important distinction: the SOURCE waiver, which uses SSI-linked eligibility, generally does not provide standard spousal impoverishment protections. The income of both spouses is evaluated jointly under SSI rules, and there is no MMNA or larger CSRA. For most married couples, CCSP is the better pathway.

Maximizing Spousal Protections

Time the snapshot carefully. The snapshot date locks in the couple's total countable assets. If the couple has large one-time income (a tax refund, insurance settlement, or retirement account distribution) arriving soon, timing the institutionalization date to capture that income in the snapshot can increase the CSRA.

Request a fair hearing for a higher CSRA. If the community spouse can demonstrate that the standard CSRA is insufficient to maintain them at the MMNA income level -- for example, if they have high mortgage payments or medical expenses -- the community spouse can petition for an increased CSRA at a fair hearing.

Transfer assets between spouses early. Transfers between spouses are exempt from lookback penalties. Moving assets into the community spouse's name before the snapshot date is legitimate planning, not a prohibited transfer.

Our Georgia Medicaid Long-Term Care & Asset Protection Guide includes a spousal protection worksheet for calculating the CSRA and MMNA, plus a timeline for coordinating the snapshot date with asset positioning.

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