When one spouse qualifies for Medicaid to pay for a nursing home stay, the spouse who is at home is often left without man...Read more
The fact that the groom lives in a nursing home at the time of marriage should not affect the bride's rights. While the husband is living and in the nursing home, the wife may or may not be entitled to a share of his income based on her own income and Medicaid’s rules on spousal protection. After he dies, if she survives him she would have the same Social Security pension rights as any other surviving spouse.
Another question, however, is whether the state Medicaid agency would look to impose the asset limits for spouses of nursing home residents on the new wife. There are a lot of legal arguments why they should not, but the marriage could lead to a dispute with the state Medicaid agency. It might make sense to contact them prior to the marriage to ask how they would react.
Local Elder Law Attorneys in Ashburn, VA
Loretta Morris Williams is a certified elder law attorney by the National Elder Law Foundation. Ms. Williams was admitted to the Council of Advanced Practitioners, National Academy of Elder Law Attorneys (NAELA) in 2012. She serves as President of the Virginia Academy of Elder Law Attorneys. Ms. Willia...
Margaret A. O’Reilly is an estate planning and elder law attorney with over thirty-five years of legal experience. Attorney O’Reilly graduated from Duke University with a degree in psychology, and received her law degree from Northeastern University School of Law in Boston, Massachusetts. For over 15 y...
Medicaid Rules, etc