My husband is in Stage 6 Alzheimer's. I've recently seen an elder care attorney who suggested that this may be my best option. This is a Federal Medicaid law that allows the community spouse to keep all of her (or his) assets by simply refusing to support the institutionalized spouse.
This is second marriage for both of us, we have always kept our assets separate. We both have our own houses. Medicaid (MA) would count my retirement that would exclude him from getting Medicaid unless I spend it down to a certain amount. This is huge for me because I've been taking my Required Minimum Distribution for 2 years & I use it for my real estate taxes, house insurance etc.
Thank you....this forum is great, a lot of good information.
Why isn't your lawyer giving you guidance?
If you cannot afford the attorney, as a former technical writer I recommend your letter be concise and to the point. State your purpose in the first line of the first paragraph. (This letter is to formally present my refusal to.....). Don't provide I formation that is not specifically required. Good luck.
As a good lawyer told me the intent or purpose of the law is irrelevant all that matters is how it is a written, and in truth many loopholes are present that do allow families to keep everything and not spend a single dime on care. Just need to find an experienced lawyer.