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Chapter 13. Medicaid > Estate and Financial Planning for the Spouse in the Nurs...

Estate and Financial Planning for the Spouse in the Nursing Home

If your spouse in the nursing home is not mentally able to participate in his or her own estate and financial planning, you can participate for him or her as long as a specifically worded Durable Power of Attorney is in place. In the absence of a Durable Power of Attorney, you would have to go to court to be appointed as guardian for the nursing-home-resident spouse in order to do the desired planning. To divest the nursing home resident of assets that would otherwise disqualify him or her from Medicaid eligibility, either the nursing-home-resident spouse must be mentally capable of participating in the estate and financial planning or an appropriately written Durable Power of Attorney must already be in place. Obviously, it is much less costly and far less time consuming to be able to do the required planning through the use of a Durable Power of Attorney rather than having to be appointed by the court as a Guardian.


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