Hi all!
Great part to your site....
Background info...I am becoming Guardian to an elderly, progressive dementia, member of my family ( work in LTC as well). This person is married (2nd marriage) and their spouse is also in an ALF. The spouse does not have any asssets and is running out of money. My family member has never had their spouse on their bank accounts - ever. Does the spouse have any legal rights to this money now? (That's my 1st question) I advised to apply for Medicaid Waiver, but the spouse's family wants my family member to continue w/ financial support.
My understanding is that Medicaid doesn't count assets of a spouse in eligibilty if the accounts were never joint. Is that correct? (That's my 2nd question).
Thanks so much for any answers you can provide!!

Are you being appointed guardian by a court or are you going to serve via a power of attorney? Generally, and I mean generally, the spouse in a guardianship does not have a right to the money in a soley titled account. Although intent to the contrary can be used to create an interest.

Your understanding regarding counting the assets is wrong. Regardless if they are joint or not, the assets of the spouse are counted when applying.

You can however still become eligible. You will just need to take into account all the assets. If you are over, then you can move them so long as the movement is done properly under the rules.

I must stress that you probably need legal representation on these issues.

As is often the case in this group you must realize that my answers in this group are general in nature and should not be considered to create an attorney client relationship. With the limited amount of data that I have I can not give you advice to act on without more specific info and formalizing the relationship. Please contact me for an appointment or another elder law attorney should you so choose.

SEAN W. SCOTT, ESQ.