Asked in Social Security and Public Benefits for Florida

Q: I need to know if I marry my fiance will it make him lose his disability Medicaid Medicare

He is in a mental hospital and they cannot tell me anything because we are not legally married is there anything I can do to get control back from his mom who doesn't even care about him wouldn't take him there or anything didn't want nothing to do with the situation until after I had already had him admitted Baker acted in his three days later

1 Lawyer Answer
James L. Arrasmith
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  • Social Security Disability Lawyer
  • Sacramento, CA

A: Marrying your fiancé could potentially affect his eligibility for disability benefits under Medicaid and Medicare, depending on various factors including your income and assets. Medicaid is a needs-based program, and adding your financial resources to his might impact his eligibility. Medicare eligibility, primarily based on disability status rather than financial resources, might not be directly affected by marriage, but certain premium costs could change based on household income.

To gain legal authority to make decisions on behalf of your fiancé, especially in situations where his mother currently has control and you believe she is not acting in his best interests, you might consider pursuing a legal guardianship or conservatorship. This process involves petitioning a court to grant you the authority to make medical, financial, and personal decisions for your fiancé, especially if he is deemed unable to make these decisions for himself.

Before taking any steps, it would be wise to consult with a legal professional who specializes in family law or elder law. They can provide specific advice based on your situation, including the impact of marriage on disability benefits and the process for obtaining guardianship or conservatorship. This professional guidance can help ensure you're making informed decisions that protect both your fiancé's well-being and his access to necessary medical care and benefits.

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