What about a divorce?

A divorce would have had to happen five years prior to any need for assistance (at least as far as I know). I'm not an expert in this field, and there may be circumstances where this could work, so yes, see an attorney. However, I doubt that this will work at this time. You'd still have the five year look-back.
Take care,
Carol

I have had clients get a divorce for this exact reason. It is important that the divorce lawyer work with a Medicaid-planning expert elder law attorney, though, so that the divorce accomplishes its goal. Note that you cannot simply transfer most of the assets to the healthier/younger spouse; under the federal Medicaid statutes, there must be an "equitable distribution" of the marital assets. For example, if under an "equitable distribution" each spouse would keep $100,000, but you get a judge to grant a divorce allowing the healthier spouse to keep $150,000, then for Medicaid purposes this would be treated as a GIFT from the nursing home-bound spouse to the healthier spouse. Such gift would be a penalty-causing transfer subject to the five-year lookback rule.

On the other hand, which assets each spouse brought into the marriage or inherited or received as gifts from their relatives, all play a part in which assets each spouse can receive under the divorce laws. As you can see, it gets complicated, which is why you need two attorneys working together to accomplish this.

I address the issue of a Medicaid-planning divorce in my book. Good luck!

I'm in agreement with those who recommend seeing an Elder Law Attorney. However, I am a bit disappointed and I feel a bit uncertain about the help we got from a so-called Elder Law Attorney, I will not criticize you for considering a divorce. I have heard of others who have actually done that. Unfortunately, there are laws hat prevent us from even protecting assets to provide for ourselves. Having a husband with dementia,not knowing what his future will be, and desiring to protect resources for myself (I, too, am younger than my husband and very healthy), I have been doing/reading things to see how I can protect income/resources from Medicaid, if it becomes necessary. I no longer feel this is WRONG as some feel. Think about those millionaires in our society who pay very little or no taxes - do you think that is wrong. I say, get as much advice as you can and do what you must for your own survival. Blessings and hugs to you.

*Apart from multiple sclerosis*, healthy as a horse… Well, I've heard of the power of positive thinking.

Um. I'm almost too flabbergasted to comment other than that. Why not visit an elder care lawyer or specialist financial advisor together and take advice?

Move out of the USA

Not sure that getting a divorce would help but I don't think it's fraud - SAYING you were divorced might be! It would more be a loophole, if it works of course.

If you're getting a divorce for the purpose of hiding assets, it's fraud.

Also, please remember that if they get a divorce, your mom would no longer have the right to make decisions for his care, would not be allowed to visit if he ended up in a hospital in intensive care; she would have no legal right to knowledge of his condition, etc etc etc.

The health care system is pretty expensive. I think the people who are upset that someone might be "hiding assets" are not thinking about people who are currently comfortable financially, but would be totally wiped out by long term care. Rather than having the surviving spouse end up in poverty and then on medicaid, planning ahead is very important. Especially if one is much younger than the other. It is so complicated, that it is important to see an attorney who specializes in this field to talk about trusts, divorce, getting long term care insurance etc.

I also worked with people at the bottom rungs of income, who could not marry or the combined assets would disqualify them from medicaid (by very little income) even though their medical expenses were huge.

Keep in mind that hospitals are not above going after your home and other assets to cover bills. Again, potentially wiping out the surviving spouse.

What kind of assistance does he need? Why not liquidate the assets to pay for what he needs? A sham divorce may still not qualify him for aid.