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

Related Topics:
1 Lawyer Answer

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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.