What financial responsibility does a spouse have for a dementia patient in assisted living?

Pre-Nups are fine until Medicaid kicks in. The feds do a five year look back and they pretty much ignore pre-nups. Only their rules will apply.

Ylime, curious why you mentioned pre-nup agreement. Those comes to play when there is a separation, divorce, or death. Whatever income/debt you had prior to marriage is yours.... whatever income/debt hubby had prior to marriage is his. And anything else can be thrown into a pre-nup. Income/debt during the marriage belongs to both of you.

Are you concerned that with hubby being in assisted living that all the assets would be gone, used for his care? If Medicaid is down the road to help out, Medicaid allows the spouse to have a certain amount of money that can't be touched by Medicaid.

I would set up an appointment with an Elder Law Attorney to work out the details, this will give you one less thing to worry about.

Who is paying for the assisted living?

Is the money coming from his account or a joint account with you on it?

Whose name is on any documents concerning financial responsibility with the assisted living place?

Are you his durable and medical POA?

Why is this bothering you to the point of bringing up a prenuptial agreement?

Since you mentioned the prenuptial agreement, I assume it addresses this issue. What does it provide?

Does the spouse in AL have no assets of his or her own?