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My husband is in a nursing home. I hope he can return home but it is questionable at this time. I have applied for Medicaid for him. There is a $1,200 a month spend down. I want to submit the Spousal Refusal form but I am told of the county possibly suing me. Has anyone ever heard of this?

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You need a consult with certified (Nelf.org) eldercare attorney.
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My attorney (NY) said they CAN sue you but it is highly unlikely.
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I just read was Spousal Refusal means and that though a Federal Medicaid law, the States don't have to support it. Only 2, Fla and NY do.

My question would be, have you seen a lawyer to have your assets split? I am under the impression anything in your name only may not be touched. That goes for ur SS and pension. Some retirement funds are not considered assets. As a community spouse you would get enough of your combined monthly income needed for living expenses.

In this situation, you need a elder lawyer.
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