Can the government or nursing home take money from my account?
I have a personal savings account. This was money I inherited from an elderly neighbor that I cared for in the last months before she passed away. If I put my husband in a nursing home can someone else take it?
If you are legally married, then all money is both of yours as far as Medicaid is concerned. While the nursing home nor the government can "access" this account, if you refuse to pay the nursing home bills and your husband is not otherwise qualified for Medicaid, then he will be evicted and you could face criminal charges for neglect. Get legal advice now in the state your husband lives in and the state you live in.
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Typically Medicaid rules, which vary state to state, allow the well spouse to maintain an amount of what would otherwise be available assets for qualification purposes at the time you apply for Medicaid. Assets acquired after the spouse is institutionalized are not protected and will be counted at the time of the application. You would want to see what amount is allowed in your state. Since it sounds like your husband is not yet institutionalized, at least a portion, if not all, should be protected.
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