He was admitted in May 2023 & my current lawyer applied for Medicaid in Oct 2023. He was approved in April 2024. I've had to pay a Cost Share for Nov 2023 to current. For some reason his health insurance paid for May, June, July. & Aug 2023.When husband was admitted in May 2023 - I was only given a one page "Consent for Treatment" form. I did not sign it & said my lawyer needs to review it before I sign. My lawyer never reviewed it (maybe lost it). In June 2024 (year is not typo) - Nursing home contacted me & said they need me to sign admission agreement. When I picked it up, it was about 26 pgs. I said I need to have my lawyer review it. My lawyer was out of state for about 1 or more months. Recently, she has told me SHE CANNOT PROTECT ME from financial responsibility & REFUSES TO DO SO. She told me - sign with my name, Guardian. I HAVE NOT & WILL NOT SIGN AGREEMENT until I get Legal advice on how to sign this protecting me from financial responsibility. The agreement wants me to also agree to pay for any uncovered ambulance & Med transports. Since Early Aug 2024, nursing home had husband transported to a hospital ER for behavior problems & now - when he gets medical clearance, he's scheduled to go to a new nursing home. For the NEW NURSING HOME--I was told by my current LAWYER, sign the agreement with "my name, Guardian". I did, but I don't know if she gave me correct advice to protect myself from financial responsibility with the new nursing home. Medicaid made it so I can barely pay my bills & I have to worry about my future.
I can only suggest you follow the advice of your attorneys who are doing the best they can for division of finances for you. Do know that if you TRULY need division of assets a DIVORCE is the way to go. No one need even know you did this, to be honest. But it will preserve half your income for YOU and will leave you with at least half asset of your home. Otherwise his admission is likely to leave you with only 100,000 in funds; that is the sad truth. And no attorney can stop it unless by divorce.
Will tell you that a CPA friend had to do this. His wife was comatose after an accident and in a vegetative state until she was able to die many years later. She left him with two small girls to raise. He had to do the divorce so he could continue to earn and support the family and that's what he did and for years, faithful as he was to the wife, never giving up hope, this fact was unknown to the world in general.
Please carefully re-read the agreement even though it's signed. Whether you'd be able to amend it is another story. Finding an attentive lawyer would be a good move, too.
that probably would not work another time.