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ShawnBlack Asked November 2018

I need information on the Spousal Impoverishment Act.

igloo572 Nov 2018
It would be wise to have an elder law atty deal with this for you.

Please tread carefully as by doing this you may be turning her over to ward of the state status; being a “ward” could take you totally out of any decision making or any input or consideration for your wife’s care or where she is placed.

For couples where 1 could go onto Medicaid and the other healthy spouse isn’t likely to need a facility for years, is complicated financially. Really get with a NAELA or CELA level of atty. As a “community spouse” you are NOT expected to impoverish yourself. There are things that can be done to shift assets into income to you as your income is NOT a factor for your spouses Medicaid eligibility. But stuff like this isn’t a DIY and a experience atty will have options for you.

geewiz Nov 2018
Shawn, this varies by state. Do a google search for this topic and include the name of the state that you want the rules for.

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