Salem, VA asked in Elder Law for Virginia

Q: My spouse is a Ward if the State and went into a nursing home yesterday. What rights do I have to his income for support

My spouse recently became a Ward of the state. He has a public guardian & conservator. How do I get protection under the spousal impoverishment laws? I depend on his income. He receives retirement from the railroad of $3400 per month. He went to a Nursing Home yesterday. His care will run $6000.00 per month. I'm not sure if the guardian is going to apply for Medicaid for him or accept the grant called RDAP that was offered previously to me that I turned down. I need to make sure they apply for Medicaid. Oh we have $20,000 in his bank account not our joint account and we have no other assets.

Related Topics:
1 Lawyer Answer
Ross Cameron Hart
Ross Cameron Hart
  • Elder Law Lawyer
  • Salem, VA
  • Licensed in Virginia

A: Your question is remarkably complex. This forum is designed and good for simple, general questions that will get you to the 'next step' for legal situations. Sometimes all people need is a simple answer. From the facts you’ve given, it seems that you need a lot more than an internet answer. Find and sit down with an experienced attorney in your area - I suggest you contact an Elder Law Attorney who should have the specialized knowledge you will need. To find an Elder Law attorney you can go to the Virginia Academy of Elder Law Attorneys website at

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.