Q: What are the repercussions of having someone forcibly moved to a nursing home?
I have been separated from my husband for 13 years. He is unable to live alone but refuses to move to assisted living. My daughters and I are about to report the situation to Adult Protective Services. Will my assets be seized to provide his care?
A:
Other than the person themself, only a guardian of the person can determine residence. If your husband lacks legal capacity and if someone can get a Physician's Certificate of Medical Examination stating this, they can apply for a guardianship.
As the spouse, you are responsible for necessaries: food, shelter and medical care. The Assisted Living Facility is unlikely to accept your husband without some assurance of payment. If money runs out, they might sue you.
Medicaid only pays for nursing home care and then only for people who qualify in terms of medical necessity, income and assets. There is a spousal protected resource amount.
You may do well to discuss all this with a local member of the National Academy of Elder Law Attorneys. Use the Find a Lawyer function on the website: www.naela.org.
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