My Dad's in a nursing home and my Mom depends on his pension and social security. Can the NH take all of his check?

Medicaid will certainly allow her some money from his check, but it is determined by what her actual expenses are. Add up her monthly expenses and see how it works out. The 2014 range for a community spouse in MA is $1939-$2931.

We were able to get "community spouse" benefits for my mom, before she went inot care, and for as long as she intended to return home. It was not quite enough to make ends meet because it left nothing for her to pay her parts for her own medical bills that were not covered by Medicare. I did not need a lawyer to get that, just needed to talk to the Medicaid people in the county office.

sue, it depends. Have you checked to see if your father qualifies for Medicaid? If he does, the government can help him with costs. There will be no interest in impoverishing your mother, so a portion of the social security and pension can remain with her. If he does not qualify for assistance of some type, then he would be responsible for personally paying. This can happen when there are savings or other assets that keep him from qualifying for assistance. Let us know a bit more and someone will be able to give you more advice.

Talk to an elder law attorney immediately about what a "community spouse....you, still in the community) can keep under state law and if you can have that amount increased by going to court. It happens all the time. The increased amount is also set by law and us granted pretty routinely, at least in NV.