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Barrister
Barrister, Lawyer
Category: Family Law
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Experience:  Attorney with 14 years experience
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Hello, my husband (67 y.o.) had a stroke 2 yrs ago that left

Resolved Question:

Hello, my husband (67 y.o.) had a stroke 2 yrs ago that left him not able to use his right side, which was his dominate side. He is having problems socially and wants to go to the nursing home. We have tried to convince not. But he is making my miserable trying to prove that that's where he belongs. If he does go what happens to me and my home. Presently he gets retirement monies from the gov't and his job totaling approx. $2500 per month. I am still working and after deductions for medical, dental, life ins., etc. I bring home approx $2400 per month. I have one car and we are still paying on our home $880 per month. What should I expect if he has to apply for medicaid? Thanks for your time.
Submitted: 1 year ago.
Category: Family Law
Expert:  Barrister replied 1 year ago.
Hello,
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If he goes into a nursing home on a permanent basis and Medicaid has to pay for any care, then they could potentially file a lien on the home if he is an owner of it. However, as long as a spouse is living, then they can not foreclose on the lien to seek repayment. Additionally, if he leaves the nursing home to return to his home, any lien is dissolved.
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After both spouses pass, then they can seek reimbursement from the estate by forcing a sale of the house to recover their expenditures. But they can't enforce their lien as long as the community spouse is still alive and living there.
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As for his income, that would have to be turned over to any nursing home to help offset the costs of any care. But there is a "minimum monthly maintenance needs allowance" or MMMNA exemption of $2841.00 for the spouse. So if the community spouse makes less than that, the difference is made up out of the nursing home spouse's income.
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Thanks.

Barrister

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Barrister, Lawyer
Category: Family Law
Satisfied Customers: 23810
Experience: Attorney with 14 years experience
Barrister and 3 other Family Law Specialists are ready to help you

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