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He doesn't have the ability to make decisions. I need to get his name off of several accounts. I need to know what i should take to an attorney.

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Joyce, I hate to say this, but with your husband no longer having the ability to make decisions, he is no longer able to give you durable and medical POA.. That should have been done long before he got in the mental state that he is in now.

What do you need to take his name off of several accounts? If he can't make decisions what difference is it going to make.

With him giving you POA, you will most likely need to file for guardianship for your husband and that costs.
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The guidelines for long term care payment by medicaid says that in NYS I can keep some of our assets if they are moved to my name.
and the look back does not apply for spouse to spouse transfer.
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Joyce my understanding is that all assets are considered joint and what is called the community spouse (you) is allowed to keep a certain sum the house one car and personal effects. the rest of the money has to be used for hubby's care till it is exhausted then Medicare/Medicaid kicks in. I don't know the exact sum you can keep but I believe it is over $100,000.00. the social worker at your husbands facility should know the answers to your questions. pam stegman is the expert on these kinds of things in NYS so you could message her.
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