I live in florida, sumter county and he is currently in a rehab/nursing facility with hip surgery and is not making any progress after 3 weeks. He is 63 and has been on disability for over 10 years for mental depression. we have been married 10 years. He has no assets, but I do, all in my name and acquired before marriage, including house. Will my assets be confiscated to pay his long term care, if needed?
No, under Florida law, so long as you have not signed an agreement to guarantee your spouses debts/medical care or cosigned, you cannot be held responsible for his debts.
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No. However, review the documentation that you signed when your husband was admitted into the nursing home to ensure that you did not sign an admission document which would make you personally responsible for his rehab/nursing home debts. You may want to consider hiring an Elder Law Attorney to help you apply for Medicaid benefits for your husband to make sure his care is paid for. I previously practiced in The Villages and have seen many facilities pressure people to pay with threats to send them to collections. You should definitely have an attorney help you with this.
My comments are not intended to establish an attorney-client relationship, are not confidential, and are not intended to constitute legal advice. Proper legal advice can only be given by an attorney who agrees to represent you, who reviews the facts of your specific case, who does not have a conflict of interest preventing the representation, and who is licensed as an attorney in the state where the law applies.
You should hire an Elder Law attorney to explore Medicaid options. The bottom line is that there are ways for your husband to qualify for Medicaid without you losing your assets. This is an area where expertise can save a lot of money and frustration. I highly recommend seeking the advice of an Elder Law attorney to ensure your assets are protected and your husband receives the care the he needs. Based on your question, Medicare likely is still paying for his care. Before his days run out, you'll want to consult with someone. Best of luck.
The answer to this question is for general purposes only and does not establish an attorney-client relationship.
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