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I have been told to get a division of assets. Is this the right thing to do? If I file for it and do not put him in a home what happens then?

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I would first talk to Medicaid before paying thousands for a lawyer. And that lawyer should be very versed in Medicaid. We have memers who have posted about going to two separate Elder Attorneys and got two different answers.

I am giving you the basics. Each situation is different as is each State's Medicaid. Medicaid will look at your assets. With my GFs parents, they had SS, pensions and 60k in the bank. Medicaid split the 60k between GFs parents. Father was placed in LTC with his half being spent down for his care. Not sure how the pensions and SS were split but the wife, as the Community Spouse, was not made impoverished. She remained in the house and had the car.

So, talk to Medicaid first. If it is overwhelming, then hire a lawyer to help sort things out.
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Ditto to what Alicew said and remember that every state has differing laws on Medicaid qualifications and look-back periods.
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I hope you are being advised by someone with experience, and not friends and relatives. Even this forum should only be giving you ideas, not "take it to the bank" advice.

An elder care attorney could help you get ready for a nursing home placement. If that isn't a possibility, call your local Medicaid office and ask them who can give you advice on how to prepare for a nursing home admission. Does your county have social workers that can give you guidance?

There are protections for community spouses. You do not have to impoverish yourself to get help paying for a nursing home. But get advice from people who know your specific situation, not us!!
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