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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

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.

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.