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Why does this subject hit me the wrong way? After many years as a marital partner should a person be subjected to divorce due to a medical issue? Yes it happens. I hope you live in a marital property state where you have to give her 1/2 of everything.
There are probably some very informed posters around here who can help you, but in addition to their input, I would DEFINITELY consult with not only an Elder Law attorney, who knows Medicaid law, but with a Family Law attorney. (Try to find a firm that have specialists in both areas of law in one law firm.)
I would learn my rights and responsibilities regarding a property settlement in your divorce. How you set this up this could have major consequences on your fiances, future and qualification for Medicaid. These are valuable rights that could be lost if you do not handle it properly. Attorneys would be able to give you options and explain what the law says is required depending on how you proceed.
If your spouse might need to qualify for Medicaid in the next few years, you may want to read up on Medicaid Divorce. The best way to proceed depends on the laws of your state, so your divorce attorneys should be knowledgeable about how to handle medicaid divorces, particularly if your wife will still be living with you. Dividing your assets can be a good thing to do, but some states will frown upon division of assets that are very lopsided, because they transfer the burden of care from the individual to the state. Your best option here is to find lawyers experienced in this for AZ so that it doesn't come back and haunt you at a later date. If the divorce is done correctly, it may be okay. Your attorneys will be able to give you a better answer about what to do.
He thinks he can divorce her and dump her on Medicaid. He is in for a very rude awakening, because surrogate's court will appoint her a lawyer, take protective custody and collect half of everything they own, jointly or not. She will also get alimony to pay for her care. He will live like a pauper.
True if you are disabled while married or getting Maintenance the person with the higher income may be ordered to continue maintenance the rest the disabled person's life. So she will get half the assets and half his income forever
By proceeding, I agree that I understand the following disclosures:
I. How We Work in Washington.
Based on your preferences, we provide you with information about one or more of our contracted senior living providers ("Participating Communities") and provide your Senior Living Care Information to Participating Communities. The Participating Communities may contact you directly regarding their services.
APFM does not endorse or recommend any provider. It is your sole responsibility to select the appropriate care for yourself or your loved one. We work with both you and the Participating Communities in your search. We do not permit our Advisors to have an ownership interest in Participating Communities.
II. How We Are Paid.
We do not charge you any fee – we are paid by the Participating Communities. Some Participating Communities pay us a percentage of the first month's standard rate for the rent and care services you select. We invoice these fees after the senior moves in.
III. When We Tour.
APFM tours certain Participating Communities in Washington (typically more in metropolitan areas than in rural areas.) During the 12 month period prior to December 31, 2017, we toured 86.2% of Participating Communities with capacity for 20 or more residents.
IV. No Obligation or Commitment.
You have no obligation to use or to continue to use our services. Because you pay no fee to us, you will never need to ask for a refund.
V. Complaints.
Please contact our Family Feedback Line at (866) 584-7340 or ConsumerFeedback@aplaceformom.com to report any complaint. Consumers have many avenues to address a dispute with any referral service company, including the right to file a complaint with the Attorney General's office at: Consumer Protection Division, 800 5th Avenue, Ste. 2000, Seattle, 98104 or 800-551-4636.
VI. No Waiver of Your Rights.
APFM does not (and may not) require or even ask consumers seeking senior housing or care services in Washington State to sign waivers of liability for losses of personal property or injury or to sign waivers of any rights established under law.
I agree that:
A.
I authorize A Place For Mom ("APFM") to collect certain personal and contact detail information, as well as relevant health care information about me or from me about the senior family member or relative I am assisting ("Senior Living Care Information").
B.
APFM may provide information to me electronically. My electronic signature on agreements and documents has the same effect as if I signed them in ink.
C.
APFM may send all communications to me electronically via e-mail or by access to an APFM web site.
D.
If I want a paper copy, I can print a copy of the Disclosures or download the Disclosures for my records.
E.
This E-Sign Acknowledgement and Authorization applies to these Disclosures and all future Disclosures related to APFM's services, unless I revoke my authorization. You may revoke this authorization in writing at any time (except where we have already disclosed information before receiving your revocation.) This authorization will expire after one year.
F.
You consent to APFM's reaching out to you using a phone system than can auto-dial numbers (we miss rotary phones, too!), but this consent is not required to use our service.
After many years as a marital partner should a person be subjected to divorce due to a medical issue?
Yes it happens. I hope you live in a marital property state where you have to give her 1/2 of everything.
I would learn my rights and responsibilities regarding a property settlement in your divorce. How you set this up this could have major consequences on your fiances, future and qualification for Medicaid. These are valuable rights that could be lost if you do not handle it properly. Attorneys would be able to give you options and explain what the law says is required depending on how you proceed.