Elder Law Answers
Using an Annuity to Keep the Spouse of a Medicaid Applicant from Becoming Impoverished
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 moreWhen a Guardian Is Appointed, Is the Spouse's Income Protected?
- February 23rd, 2018
Q
What happens to the spouse when a guardian is appointed? Specifically, my mother can no longer care for my stepfather. He had a stroke and it has taken a toll on her. If the court appoints a guardian, will the guardian take away my stepfather's income? My mother cannot survive without his income.
A
That is a difficult question because a lot could happen, depending on the circumstances. The guardian must use your stepfather's income for your stepfather's benefit, but to the extent your mother and he share living expenses, what helps him can also help cover your mother's costs. If he has to move to a nursing home, the Medicaid rules have protections for spouses. So, if your mother's income is low – which it sounds like it is – she will be able to keep some or all of her husband's income. These are the general rules. You will have to consult with a local elder law attorney for specific answers to your mother and stepfather's situation. (It's better not to wait until the last minute if possible.) To find an attorney near you, go here: https://www.elderlawanswers.com/USA-elder-law-attorneys.
Local Elder Law Attorneys in Ashburn, VA
Meet John Laster
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John Laster
Law Offices of John L. Laster
John Laster is a lawyer licensed to practice in Virginia, Maryland and the District of Columbia. He limits his practice to wealth transfer planning, trusts, wills, powers of attorney, health care decision-making issues, estate administration and related tax, elder law and disability concerns. Listed in The Best Lawyers...
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Meet Evan Farr
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Evan Farr
Farr Law Firm
In practice since 1987, Fairfax Attorney Evan Farr is widely recognized as one of the leading Elder Law, Estate Planning, and Specials Needs attorneys in Virginia and one of foremost experts in the Country in the field of Medicaid Asset Protection and related Trusts. Evan Farr has been quoted or cited as an expert by n...
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Meet Daniel Steven
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Daniel Steven
Daniel N. Steven, LLC
Daniel N. Steven is an attorney licensed in Maryland and the District of Columbia. with many years of experience in complex estate planning and Elder Law. He is rated by Martindale-Hubbell as an AV Preeminent 5.0 out of 5 rated attorney.
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