Asked in Elder Law for Wisconsin

Q: how To avoid loosing a house to the nursing home so my moms significant other won’t become homeless in wi

Moms health starting to decline may need more assistant with care

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1 Lawyer Answer
Thomas B. Burton
Thomas B. Burton
  • Elder Law Lawyer
  • Eau Claire, WI
  • Licensed in Wisconsin

A: If your Mom is married to the person in question, the community spouse can remain in the home, while the other spouse (called the institutionalized spouse) applies for Medicaid. This would allow the community spouse to continue living in the house until their death, after which the State of Wisconsin may seek recovery from the Community Spouse's Estate for any payment made for long term care for the institutionalized spouse. So you should not worry about the community spouse being able to live in the home as long as your Mom is married to this person. If they are not legally married, then they would not qualify as the community spouse. There are other methods for protecting assets, such as using an irrevocable trust, but these are subject to a 5 year Medicaid lookback period so you need to do them well in advance of the time you plan to apply for Medicaid in order for them to be effective. I suggest you consult with a qualified estate planning and elder law attorney for help so they can review the specifics of your case and give you the best advice possible.

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