You’ve gotten great answers on this. One thing I’d like to add is that if a person has dementia to the point they they are not competent or cognitive they should not be doing legal actions, which filing for divorce, or filing bankruptcy or even creating a Trust. They are impaired from understanding the legal complications.
Ironically: "There has to be a court order stating that the ward (person with alleged dementia) cannot enter into a marriage contract. Because of that low threshold, there is nothing barring someone with dementia or Alzheimer's from getting married." Source: https://www.justanswer.com/family-law/ntpcx-someone-early-stage-dementia-married.html#:~:text=There%20has%20to%20be%20a,enter%20into%20a%20marriage%20contract.&text=Because%20of%20that%20low%20threshold,or%20Alzheimer's%20from%20getting%20married. Also, there's nothing legally barring them from divorcing, except the actions of a legal PoA or guardian, if they have one.
The state never forces divorce. Some people choose this as a way of separating finances. My mother used Medicaid and my dad had no assets of his taken. A consultation with an elder care attorney will guide you well
No, but for some people this is a strategy to quality or protect assets. In most state Medicaid has a 5-year lookback on the financial application. An elder law or estate planning attorney or Medicaid Planner for their state should first be consulted. In most states Medicaid only pays for LTC, which is assessed as medically necessary by a doctor. It usually means one is bedridden and cannot do anything on their own, or has a profound medical condition that requires 24/7 care. It pays for the medical portion of their care and then one's social security income covers the custodian portion (rent for being in the facility).
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