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He was admitted in May 2023 & my current lawyer applied for Medicaid in Oct 2023. He was approved in April 2024. I've had to pay a Cost Share for Nov 2023 to current. For some reason his health insurance paid for May, June, July. & Aug 2023.When husband was admitted in May 2023 - I was only given a one page "Consent for Treatment" form. I did not sign it & said my lawyer needs to review it before I sign. My lawyer never reviewed it (maybe lost it). In June 2024 (year is not typo) - Nursing home contacted me & said they need me to sign admission agreement. When I picked it up, it was about 26 pgs. I said I need to have my lawyer review it. My lawyer was out of state for about 1 or more months. Recently, she has told me SHE CANNOT PROTECT ME from financial responsibility & REFUSES TO DO SO. She told me - sign with my name, Guardian. I HAVE NOT & WILL NOT SIGN AGREEMENT until I get Legal advice on how to sign this protecting me from financial responsibility. The agreement wants me to also agree to pay for any uncovered ambulance & Med transports. Since Early Aug 2024, nursing home had husband transported to a hospital ER for behavior problems & now - when he gets medical clearance, he's scheduled to go to a new nursing home. For the NEW NURSING HOME--I was told by my current LAWYER, sign the agreement with "my name, Guardian". I did, but I don't know if she gave me correct advice to protect myself from financial responsibility with the new nursing home. Medicaid made it so I can barely pay my bills & I have to worry about my future.

As a spouse you may be legally responsible whether you sign anything or not.

I can only suggest you follow the advice of your attorneys who are doing the best they can for division of finances for you. Do know that if you TRULY need division of assets a DIVORCE is the way to go. No one need even know you did this, to be honest. But it will preserve half your income for YOU and will leave you with at least half asset of your home. Otherwise his admission is likely to leave you with only 100,000 in funds; that is the sad truth. And no attorney can stop it unless by divorce.

Will tell you that a CPA friend had to do this. His wife was comatose after an accident and in a vegetative state until she was able to die many years later. She left him with two small girls to raise. He had to do the divorce so he could continue to earn and support the family and that's what he did and for years, faithful as he was to the wife, never giving up hope, this fact was unknown to the world in general.
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Reply to AlvaDeer
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If husband is on Medicaid there are no extra charges. You pay what you need to pay monthly which is his SS or part of it since you are a Community Spouse. As long ascyou are paying what you are suppose to pay and Medicaid is paying their share, thats it. As a Community Spouse you should have enough of your monthly income to live on.
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Reply to JoAnn29
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If your husband is on Medicaid, Medicaid should be paying the full cost for all of his services. Medicaid also pays for the ambulance and transportation services. I'm very very confused and somewhat alarmed by what you say the lawyer told you about not being able to protect YOU from financial responsibility. YOU should not be personally responsible for any nursing home costs. I think you need to consult another attorney.
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Reply to mstrbill
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Yes, find another attorney. And you might want to file for a legal separation to protect yourself. My partner asked me to marry him before he was officially diagnosed. I declined marriage for all of these reasons, as I owned my own home, but I agreed to take on all of the POA responsibilities to care for him and manage his care . He chose to sign over his generous retirement income to me to have the money to take care of him. You need to protect both of you.
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Reply to Katherine1953
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i see you are playing the game well. Mostly avoid signing anything you are not comfortable with. When backed into a corner cross out the parts you disagree with. The ball is then in their court. Ultimately the last move will be to make it clear you will not sign then the ball is in their court for the next move. Worst case you will need to find a new place.
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Reply to Sample
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What type of Medicaid does your husband have? Long Term Care (LTC) and/or Community?
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Reply to cover9339
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I am my mother's court appointed guardian. She has Medicare and a Highmark supplement. My mom can stay in skilled nursing up to 100 days and then it becomes out of pocket. I sign consent of treatment forms all the time. Please do not deprive health treatment. Unfortunately you have to watch your husband decline. Look for other facilities us you see neglect or mistreatment, but do not deprive care.
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Reply to Onlychild2024
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There should be a statement in the agreement along the lines of 'I agree/disagree to pay for patient's care from my funds' Stating that you will only pay the NH from the patient's funds, is how you protect yourself financially. Of course the NH may try to strongarm you into using your funds; but the guardian governs the use of a ward's funds.

Please carefully re-read the agreement even though it's signed. Whether you'd be able to amend it is another story. Finding an attentive lawyer would be a good move, too.
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Reply to ravensdottir
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When I was given the paperwork my husband could still sign his nome and perhaps we were both in denial of his dementia so I said he can sign and did.
that probably would not work another time.
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Reply to Rjdzur
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