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.
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 www.vaela.org.
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